Data Privacy Statement

Regarding the new GDPR within the EU, please refer to our German version, which is legally binding.
Datenschutzerklärung

In the following, you will find a compact english version, which summarizes the usage of your personal data when using a biozoom device.

Please read this important information in any case!

The measured values are permanently assigned to the biozoom scanner through a secure encrypted key contained in the device. This has the advantage that neither an account nor passwords are necessary. However, you should therefore make the biozoom scanner only available to people who are allowed to know the measured values. Due to the fact that the biozoom scanner itself is the key to the stored data, it should also be kept safely.

INTRODUCTION
biozoom services GmbH, Wilhelmshöher Allee 273 A in D-34131 Kassel (“biozoom” or “we”) takes data protection very seriously and wants to ensure that your privacy is protected and you are informed about the use of your data. In this privacy notice, we explain, therefore, in what manner and for what purposes we use your data. This Privacy Policy explain how we deal with data when using the biozoom Mobile App and the biozoom Desktop Software (together “biozoom Software”) to evaluate the test data obtained through the biozoom scanner through the biozoom Server (together “biozoom Services”).

MEASUREMENTS AND MEASUREMENT PROCESSES
When you are carrying out measurements with the biozoom scanner, the measured raw data will be sent from the biozoom scanner to your biozoom software in an encrypted manner. In order to evaluate the measurement results and possibly to develop measurement processes, the encrypted data will be sent to a biozoom server. The measurement results and also possibly the measurement processes will be calculated on this server. Afterwards, the measurement results will be displayed on your biozoom software. All servers operated by or on behalf of biozoom for the purpose of evaluating the measured raw data and compiling the measurement processes are situated in Germany. The data will not leave Germany.

Measured raw data, measurement results and measurement processes are principally not linked with the personal characteristics of the user. biozoom will not be able to link the data with specific persons, but only with the respective utilized biozoom scanner. This is done by means of the biozoom scanner’s serial number, which is transferred to the biozoom server together with the measured raw data. All of the measured raw data is subject to an encryption on the biozoom scanner, before it is sent to the biozoom server for evaluation purposes.

Even if you enter user information, such as a name or an identification number, into the biozoom scanner, in order to link a measurement with a certain person, the biozoom software will automatically transform the user information into a so-called hash value before transferring it to the biozoom server. This hash value does not have any traces in regards to the affected person, but it does enable the biozoom servers to differentiate between persons, who were measured with the same biozoom scanner, in order to compile measurement processes for them.

IMPROVEMENT OF OUR SERVICES
We also utilize the data transferred to the biozoom server in this manner in order to continuously improve the user friendliness and quality of the biozoom services. When you install the biozoom software and utilize the biozoom services, biozoom registers anonymous data in regards to the utilization of the biozoom data and services for this purpose, as well as possible data in regards to the utilized end devices. Examples of the registered data: operating system version and installation problems, text entries in regards to the entry fields in the biozoom software and sensor data for the biozoom scanner, as well as utilization frequency.

EXAMPLES OF HANDLING THE BIOZOOM SCANNERS WHEN REGISTERING DATA
Here, we would like to present you with detailed examples of handling data registration with the individual biozoom scanner device types:

QuickTest Portable:

  • After carrying out a measurement, the biozoom scanner (depending on the technical settings) will ask for a user characteristic in regards to the measured person. Here, it is possible to enter a patient or client number as a user characteristic, for example. The entry is then encrypted by means of a hash value, which makes it impossible to recognize the initial entry. The measurement values are then saved to the biozoom server using this hash value. Advantage of the process: no personal data is sent to biozoom. Very rarely is it possible in technically unavoidable cases that different names/ client numbers carry identical hash values and the data of different users is therefore mixed and the measurement processes are consequently distorted. A mixing of data between biozoom scanners can, however, be excluded.
  • When installing the program, biozoom will be able to register data from your device and your application (for example the utilized Windows version or driver information) and this information shall be used to check or improve compatibility (for example to better coordinate the biozoom scanners and the biozoom software).

ANTIOX TO GO:

  • Your device has a serial number. The reading data is saved under this serial number. Furthermore, under certain circumstances, you can have several users registered which are saved separately. The user identification is encrypted in a hash value and saved on the biozoom server under this hash value.
  • When installing the program, biozoom will be able to register data from your device and your application (for example the utilized Windows version or driver information) and this information shall be used to check or improve compatibility (for example to better coordinate the biozoom scanners and the biozoom software).

VOLUNTARY DISCLOSURE OF PERSONAL DATA
To the extent that you voluntarily give us your personal information, such as for the purpose of contacting, we will process the personal data only for the purpose for which you provided it to us. This data is only stored by us as long as this is necessary for the respective purpose. Once the personal information is no longer required by us for these purposes, it will be deleted immediately or made inaccessible – in case we are legally required to store it.

DATA COLLECTION AND PROCESSING BY THIRD PARTIES
To the extent that third parties collect, process, or use your personal data in connection with our services, for example, when purchasing a biozoom scanner or on the mobile app platform on which you are downloading the biozoom Mobile App, or at other third-party websites which you visit with regard to biozoom attend, then the third party is responsible for the proper collection and processing of your personal data. This shall not apply if the third party collects, processes or uses your information on our behalf. In the case of such a data processing order we will comply with the legal requirements, in particular with Section 11 Federal Data Protection Act (BDSG).

ACCESS, CORRECTION AND DELETION
You always have the right to receive free information regarding your personal data stored with us. If your data is stored incorrectly or wrongly by us, we will gladly correct, block or delete it.

You also have the possibility to have the reading data connected with your biozoom scanner and the measurement data profiles deleted from the biozoom server at any time. In that case, just send us a letter to biozoom services GmbH, Wilhemshöher Allee 273A , D-34131 Kassel. Please note that biozoom reserves the right to request from you meaningful identification documentation and proof of the pertinent serial number before deletion. We strongly recommend that you delete the data before passing on the biozoom scanner to any third party. Otherwise, your data history is visible to the acquirer of the biozoom scanner. To the extent that biozoom is legally required to continue storing data, biozoom undertakes to block the data for the duration of the storage obligation, instead of deleting it. biozoom is at liberty to delete data that has been read by a biozoom scanner for which there is no authorization for the use of biozoom services .

Please direct any requests for information, questions, complaints or suggestions to the following address:

info@biozoom.net
biozoom services GmbH
Wilhemshöher Allee 273A
D-34131 Kassel
Phone: +49 (0) 561 52141-0
Fax.: +49 (0) 561 52141-11

As of 11th September 2015

 

Terms of use

1. SUBJECT MATTER AND FORM OF TERMS OF USE

1.1. These biozoom Terms of Use (“Terms of Use”) regulate the usage of the biozoom mobile app and biozoom desktop software (along with the corresponding user documentation “biozoom software”) for the analysis of measurements taken using the biozoom scanner over the biozoom server, as well as the usage of other functions and services which are provided by biozoom over the biozoom server (along with the “biozoom services”). The purchasing of the biozoom scanner is not the subject matter of these Terms of Use.

1.2. These Terms of Use will be concluded between you or the person represented by you (“You”) and biozoom services GmbH, Wilhelmshöher Allee 273 A in D-34131 Kassel (“biozoom”) when you confirm your agreement with the Terms of Use by marking the provided field. If you do not agree to the Terms of Use, you cannot use the biozoom software or the biozoom services. Possession of the scanner remains unaffected by this.

1.3. If you are concluding these Terms of Use on behalf of another person, for example, your employer, you must ensure that they agree that you are authorized to conclude these Terms of Use on their behalf.

1.4. biozoom services comprise functions for the measurement of antioxidant levels in human skin. biozoom may provide further biozoom services or functionalities in the future. By purchasing a brand new scanner you are temporarily authorized to use one or more of the biozoom services. Which service/services this/these may be can be found on either the packaging or the instruction manual of the purchased biozoom scanner (these biozoom services are respectively called “biozoom basic services”). Biozoom basic services may vary depending on the different products, product variants or product packages.

2. FEES FOR THE USAGE OF BIOZOOM SERVICES

2.1. Upon purchase of a brand new biozoom scanner, you are entitled to use the biozoom basic services in connection with the biozoom scanner. Biozoom will charge no further fees for the use of the biozoom basic services.

2.2. The respective prices and contractual conditions for these services can be found on our homepage www.mybiozoom.com. Here you can also find further information about other biozoom products.

2.3. During the minimum period and during an extension period, you are excluded from the right to ordinary termination of the biozoom basic services. The right to extraordinary termination remains unaffected. Terminations must be made in writing in order to be valid.

2.4. Your right to use biozoom software (Clause 3) and the ownership of the biozoom scanner remain unaffected by the ending of the minimum period or of an extension period. However, measurements, analyses and measurement histories are part of the biozoom services and may thus only be carried out and compiled if and as long as you are authorized to use the biozoom services.

2.5. Information about payment options and payment conditions for the biozoom services can be found on our homepage: www.mybiozoom.com.

3. BIOZOOM SOFTWARE

3.1. biozoom will charge no separate fees for the relinquishment of biozoom software and your usage of biozoom software. Additional fees may occur for the use of biozoom services through using the biozoom software (see Clause 2). The purchasing of the scanner which is required for the use of biozoom services remains unaffected by this rule.

3.2. If and as long as you are authorized to use biozoom services, you can use the following functions with the help of the biozoom software and the biozoom scanner:

  • Elicit measured data using the biozoom scanner and transmit this data to the biozoom server; no personal data will be stored in the data record (see clause 6);
  • Initiate analysis of transmitted data records on the biozoom server and retransmit the analysis results using the biozoom software (the type and scope of the analysis depends on which type of biozoom service you are authorized to use);
  • Download and display information about updates or products from the biozoom server, and open and display a browser window with web pages from biozoom or other website providers approved by biozoom.

3.3. Through your agreement to the Terms of Use, you will obtain the limited, permanent right to install the biozoom software on to terminal devices and to use the biozoom services along with the biozoom scanner. The usage rights conceded to you are non-transferable, nor can they be sublicensed. You will receive further appropriate rights following updates (see Clause 8.1) if these are installed onto your terminal device.

3.4. You are not authorized to use the biozoom software outside of the aforementioned rights conceded to you. In particular, you are not authorized:

  • to use the biozoom software in a virtual operating environment or without a biozoom scanner;
  • to virtualize or separately use individual features of the biozoom software;
  • to rent out or lease the biozoom software;
  • to bypass or override technical safety measures in the biozoom software, or
  • to reverse engineer, decompile or disassemble the biozoom software. Your legal rights regarding decompilation and disassembly of the biozoom software remain unaffected by this rule according to Paragraph 69e of the UrhG (German Copyright Act).

3.5. The biozoom software may contain third-party programs (including Open Source software). For these third-party programs, the license terms of the respective third-parties or the Open Source license take precedence over these Terms of Use. You can access the Open Source license at www.mybiozoom.com.

4. USAGE REQUIREMENTS

4.1. As a basis for using the biozoom desktop software on a PC, your operating system must be Windows 7 or higher, Microsoft .net (contained in Windows or to be installed independently). Also required are an installed browser and a USB 2.0 port in your terminal device. If the USB port is used with a connected USB-serial bridge, the biozoom software may cause compatibility problems with other devices which are connected through the USB port. Should such problems arise, do not use the devices/drivers in question simultaneously. Should the software not work, you can try resetting your PC to its delivery condition and then try re-installing the software. Observe the directions of the computer manufacturer in doing so, especially concerning data backup. You can check whether the required .net version is already contained in your Windows version or whether it must be installed independently on the download site for the software. Administrator rights are required for the installation of the software. Examples of functioning system configurations can be found on the biozoom homepage: www.mybiozoom.com.

4.2. To use the biozoom mobile app on a smart phone, the operating system Android 4.4 or higher is required. You will also need to use Bluetooth Low Energy in your phone. Examples of functioning system configurations can be found on the biozoom homepage: www.mybiozoom.com. Most of the functions of the biozoom software and the biozoom services which you can access through the biozoom software require internet access, or at least a cellular network for your terminal device. The access to and usage of these networks (including any incurring fees) are subject to the agreement of your cellular network or internet provider. You will bear the costs arising from data transfers using the biozoom services. We recommend an unlimited internet plan for the usage of the biozoom services. Should your internet or cellular network connection be limited or interrupted, you will not be able to use the biozoom services.

4.3. You alone are responsible for the acquisition and running of the systems, system components and telecommunication services required for the use of the biozoom services over the internet or over a cellular network. Any related services are not part of the biozoom services.

4.4. The biozoom services are only usable by you if and as long as you are authorized to use the biozoom services in question. You are authorized to use the biozoom services for the minimum period without separate evaluation by biozoom (see Clause 2).

5. USAGE OF THE BIOZOOM SERVICES

5.1. The data you measure using a biozoom scanner will be linked to the serial number of this scanner. It is not possible to link the data measured with a biozoom scanner, or the data history produced from this, to another scanner, nor can the data be transferred to another scanner.

5.2. biozoom explicitly states, and you are also in agreement, that third parties who use your scanner and carry out a measurement using it have access to your measurement history and may thus falsify your measurement history with their measurement data.

5.3. Should the measurements carried out with your biozoom scanner also include reference points which reveal that more people are using the scanner than your license permits, biozoom then has the right to limit or to suspend usage of the biozoom services.

5.4. Should a product key or a license number be required for the installation of or access to the biozoom software, you are obligated to carefully and safely protect these codes from unauthorized access by third parties and to not share them with unauthorized persons.

5.5. The biozoom services are not storage services. You are responsible for regularly storing the measurement data and measurement history you obtain using your biozoom software so that they are also available to you when you can no longer use the biozoom scanner or the biozoom services.

5.6. You have the right at all times to have the data and data histories linked to your scanner fully deleted from the biozoom server. To do so, write to us at: biozoom services GmbH, Wilhelmshöher Allee 273 A in D-34131 Kassel. Biozoom reserves the right to demand convincing proof of identity as well as proof of purchase and verification of the serial number of the scanner before deletion is carried out. We strongly recommend that you have your data deleted before you pass on the scanner to third parties. If not, the recipient of the scanner will be able to view your measurement history. Insofar as biozoom is legally obligated to further retain data, biozoom will store the data for the duration of the duty to retain data rather than delete it. You undertake to request a deletion of exclusively your own data or, when authorized, a request for the deletion of data on behalf of someone else. Biozoom may delete data measured by someone using a biozoom scanner who is not authorized to use the biozoom services.

5.7. biozoom is not obligated to make the biozoom services available disruption-free. However, the service levels guaranteed by biozoom are available on the biozoom homepage: www.mybiozoom.com.

5.8. Taking measurements using the biozoom services is dependent on a number of additional constraints. Not only lacking services, but also particular skin types, soiled skin or tattoos, data transfer errors and unfavorable climate or lighting conditions can lead to erroneous values. Biozoom accepts no liability for the accuracy of the measurement results obtained through the biozoom services. However, for the skin types I-IV (according to Fitzpatrick) the measurements can be used to regulate your diet.

5.9. Your biozoom scanner and the biozoom services are not medical devices. The biozoom services and the biozoom scanner may only be used by healthy people and especially only on healthy skin. They may not be used as basic information for medical therapy. You should under no circumstances regulate your diet exclusively based on the results of the biozoom scanner. Instead, you should always pay attention to general dietary recommendations, for example, those provided by nutrition companies, and ensure that you eat a balanced diet. An unbalanced diet may lead to erroneous results.

5.10. You are responsible to use the device in accordance with local laws and regulations (especially relevant for use outside Germany). For example measuring data from living humans, transporting health relevant data through the internet and/or using measurements to derive health relevant information may not be legal in all countries of the world. E.g. in some countries specific certificates might be required. Biozoom can not be held responsible in case of violation of local regulations caused by the use of the biozoom scanner outside germany.

6. DATA PROTECTION

As a basic principle, no personal data is surveyed, processed or used by the biozoom services in accordance with Paragraph 3, Section 1 of the Federal Data Protection Act (BDSG). More details about the data that biozoom processes can be found in the data protection information.

7. STORE TERMS OF USE

7.1. The biozoom services offer in some circumstances access to a store/a link to a store in which you can browse for, download, acquire, assess and review advice on medical content or nutrition, dietary supplements, health care and cosmetic products. This is an experimental and early preliminary version of the store/link to the store and some functions may incur errors, may not work as expected or may not yet be available for use.

7.2. To use the store/the link to the store, the conditions available at www.mybiozoom.com are applicable. In case of a contradiction between these Terms of Use and the terms of the store, their terms stated in the Terms of Use take precedence.

8. UPDATES

8.1. biozoom provides you with free patch tests, bug fixes and improvements to the biozoom software (collectively known as “updates”). These updates will be installed automatically on your computer, or you will be promoted to install them manually if required. This feature cannot be switched off.

8.2. The basic functions of the biozoom software and the biozoom services will remain unaffected by updates.

8.3. You hereby agree to receive automatic updates without any additional notification, and you also permit biozoom to download and install the updates on your behalf. You agree to only receive biozoom updates or updates from other sources authorised by biozoom.

9. LIABILITY

9.1. biozoom accepts full liability in case of malicious intent, gross negligence and injury to body, life or health within the scope of the guarantees undertaken by biozoom and in accordance with product liability laws (ProdHaftG).

9.2 Notwithstanding the regulations in Clause 9.1, biozoom only accepts liability in case of minor negligence in cases of injury of cardinal duties. Under cardinal duties is to be understood the cardinal duties you are to adhere to based on the intent and purpose of the concrete contract or the duties whose fulfilment is above all made possible by the proper implementation of the contract and whose observance you may regularly rely on.

However, the liability of biozoom is limited in this case to damage which is foreseeable and typical for the contract at the time of the conclusion of the contract.

9.3. With regard to liability, according to Clause 9.1 and Clause 9.2, biozoom does not accept reliability for minor negligence.

10. The aforementioned regulations in Clause 9 also apply to claims made for reimbursement of expenses according to Paragraph 284 of the BGB (German Civil Code). They also apply to biozoom legal representatives, employees, staff members and vicarious agents. Applicable law and place of jurisdiction

10.1. The Terms of Use and all requirements and rights arising from or in the context of them are liable to the laws of the Federal Republic of Germany. The UN Sale of Goods Law is not applicable.

10.2. Insofar as the licensee is a businessman in the sense stipulated by the German Commercial Code (HGB), a legal entity governed by public law or has separate assets governed by public law, the court of Kassel is agreed to possess exclusive jurisdiction for all disputes which arise within the scope of the settlement of this contract.

11. FINAL TERMS

11.1. The Terms of Use portray the whole agreement between the parties for the use of the biozoom software and the biozoom services. Verbal additions are not valid.

11.2. Amendments and supplements to the Terms of Use are required to be in written form in order to be valid. This also applies to amendments to requests made in written form. Written form in the context of these Terms of Use requires the postal transfer of an original, signed statement to the other party. Text form, for example, a transfer of a statement via email, does not meet the written form requirements.

11.3. biozoom may decide to completely or partially change and/or amend these Terms of Use so that they comply with technical or economic changes. Should biozoom intend to change the Terms of Use, biozoom will inform you of the intended changes and/or amendments. The changed Terms of Use only then apply if you agree to the revised Terms of Use. This agreement is taken to be granted if you do not object to their validity within one (1) month of the introduction of the amended Terms of Use. biozoom will inform you of this time period and of the consequences should you not pose an objection when biozoom makes the amended Terms of Use available to you.

11.4. You are not authorized to relinquish or to transfer the rights and duties of these Terms of Use.

11.5. biozoom is authorized to completely or partially yield biozoom services to third parties (“subcontractors”). All appointed subcontractors are obliged by biozoom to adhere to the applicable data protection regulations.

11.6. biozoom is authorized to transfer this contract to a third party if biozoom notifies you in text form of the planned contact transfer and of the third party at least four (4) weeks before the transfer takes place and if you do not object to the transfer.

Effective as of 2015/09/14