Last Modified: 30 July 2024

PRIVACY POLICY FOR USERS

We may amend or update our Privacy Policy. We will provide you notice of significant amendments to the Privacy Policy, as appropriate, and update the ‘Last Modified’ date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time.

NOTE: CUSTOMERS FROM THE UNITED STATES OF AMERICA SHOULD REFER TO THE PRIVACY POLICY USA

Dear User,

Qinematic Services, also known as Moovment Software (the "Service") is a cloud-based system for automated recording, measurement and visualisation of human posture, balance and movement control, as well as communication between an Organisation or Provider using our Service (‘Provider’) and “You” as a consumer. The Service is provided by Qinematic AB (‘Qinematic’), corporate registration no. 556890-1903, a limited liability company incorporated under the laws of Sweden, with its registered address at Tunavägen 19, 186 41 Vallentuna, Sweden ("Qinematic", "we" or "us").

Qinematic processes data that You may provide to us via our Websites, as well as data provided when using our Service. This is done in accordance with the General Data Protection Regulation (GDPR) and where appropriate, with the Health Insurance Portability and Accountability Act (HIPAA).

Qinematic is 100% owner of a service company called Moovment Coach International AB, corporate registration no. 559027-9922, a limited liability company incorporated under the laws of Sweden, also with its registered address at Tunavägen 19, 186 41 Vallentuna, Sweden ("Moovment Coach").

Moovment Coach processes data that You may provide to us via our Websites, as well as data provided when using our Service and when Moovment Coach is the Provider of the Service.

Qinematic is 100% owner of a training and education company called Moovment Academy International AB, corporate registration no. 556874-1408, a limited liability company incorporated under the laws of Sweden, also with its registered address at Tunavägen 19, 186 41 Vallentuna, Sweden ("Moovment Academy").

Moovment Academy processes data that You may provide to us via our Websites and our online and/or physical teaching channels. Only with Your permission will Moovment Academy use any identifiable data that You provided when using the Service.

 

WEBSITE

You may contact Qinematic via our “Website”, which refers to the Qinematic company website, the Moovment Pro service website, accessible from www.qinematic.com and  www.moovment.pro respectively, and the daughter company websites www.moovment.academy and www.moovment.coach. On our Websites, Qinematic may ask You to provide certain personally identifiable information that can be used to contact or identify You. We use Cookies and similar tracking technologies to track the activity on the Websites and we may store certain information. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some features of the website or our Services. Qinematic may use Personal Data via the Websites for the following purposes:

  1. To provide and maintain access to the Service via the Websites, including to monitor usage.

  2. To manage Your Account: to manage Your registration as a user of the Service. The personal data You provide can give You access to different functionalities of the Websites and/or the Service that are available to You as a registered user.

  3. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Qinematic, daughter company or an agent of Qinematic.

  4. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  5. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

  6. To manage Your requests: To attend and manage Your requests to us.

 

SERVICE

The Service is offered to businesses and organisations that provide health, fitness and wellness services to their customers or their employees (in the following collectively "Health Service Providers" or "Providers", each a "Health Service Provider" or "Provider"). The Service is also offered to You in order to track your own progress and to communicate with Providers. Under the EU General Data Protection Regulation (GDPR), the entity deciding the purpose of collecting personal data and the means of processing personal data is considered the personal data Controller. When “You”, as a “Consumer” (or “Health Seeker”), use the Service, You are the Controller of Your data and You can administer Your data from the Moovment Pro Portal. When You engage a Provider to perform a scan or to review your scan and offer advice, then the Provider becomes a personal data Controller for the processing of Your Personal Data. Qinematic is the personal data Processor for You and the Provider: Qinematic processes such data on behalf of and according to the instructions of You and said Provider. The Provider is responsible for complying with applicable data protection legislation, and for fulfilling any legal requirements they may have to retain a copy of Your results for a certain period of time (eg. for records).

Moovment Coach is a Provider based in Sweden, and obliged to manage personal data derived through the Moovment Service, as a Controller in accordance with GDPR. You may grant Moovment Coach and/or its affiliates access to data that is also Controlled by another Organisation/Provider, so that Moovment Coach may offer advice on behalf of the other Organisation/Provider, and under the instruction of the other Organisation/Provider, for a limited period of time and for the intended purpose as defined by the controlling Organisation. As Controller of Your data, You may also instruct Moovment Coach, or any other Provider connected to the Service, to access Your data, provided they are permitted to do so by applicable data protection legislation.

Your privacy is important to us. This document contains a policy statement regarding the collection, use and processing of personal data by the Provider within the Service and Your rights in relation to Your personal data. It also contains information regarding our collection of and processing of certain anonymised data for research and development purposes.

With "Personal Data" we mean any information relating to a natural living person (a ‘Data Subject’) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. When using the Service, Personal Data will be collected from You.

In order to use the Service, You must first read and accept this Privacy Policy, and voluntarily opt-in. Your use of our Services confirms Your acceptance of our Privacy Policy, and any amendments to the policy.

 

PROCESSED DATA

The following personal data is collected and processed by Your Provider when using the Service:

  1. email address

  2. age

  3. weight

  4. height

  5. self-reported bodily discomfort

  6. self-reported recent history of falling

  7. answers to health questionnaires

  8. personal goal setting; and

  9. gender

When You use the Service, certain information will be collected automatically, including information about Your posture, balance and movement. When performing a Moovment Scan, we record a ‘depth map’ image of Your body surface to make calculations, to create 3D visualisations, and to describe Your movements. When recording movement using the Moovment Pro app, we record a colour image or video of Your performance, to make calculations and to describe Your movements.
Additional information may be provided by and/or between You and a Provider, such as surveys, exercise programs, goal setting or chat conversation.

 

PURPOSES OF PROCESSING

It is You and the Provider that decides the purposes for the processing of Your Personal Data. The Provider may choose to communicate other purposes to You, such as carrying out the Service in relation to a research project. A Provider may be legally required to make a copy of some or all of the data (eg. for records) otherwise, the Provider must ask your permission to make a copy. Unless otherwise agreed between You and Your Provider, the Provider will process information for the following primary purposes, and with Your permission they may retain access to the data for a reasonable time in accordance with the purposes:

1.     to estimate measurements for Your posture, balance and movement

2.     to assist in providing You with advice based on their own judgement

3.     to administrate Your account and to provide, and improve Your experience with the Service, and to otherwise provide the Service; and

4.     to send You feedback, alerts or messages.

If You terminate Your subscription for the Service, by informing us in writing or by not paying any due fees, all Your sensitive data will be permanently deleted and You, and Your Provider/s, will not be able to recover it. You, andYour Provider/s, can export a copy of Your data prior to the deletion date from the Moovment Pro Portal.

 

QINEMATIC

As creator and supplier of the Service, Qinematic may collect and process Your Personal Data also for its own, limited purposes:

  1. for research purposes (for example, whereby Qinematic alone or together with e.g. a professional research institute analyses data from performed tests in the Service), and

  2. to develop and improve the Services.

Personal Data used for research and development will be anonymised to an extent that we will not have the possibility to identify You by use of the data in our possession.  We may store some or all of the following:

  1. anonymised 3D-data coordinates (XYZ) of estimated body parts

  2. anonymised Summary report data

  3. anonymised Biomechanics report data

  4. anonymised other self-reported data

  5. other anonymised data provided by Your Provider

  6. images without sufficient facial characteristics or body markings to recognise the person

 

SECURITY AND SUB-PROCESSING

Microsoft is engaged by Qinematic materially to store the Personal Data processed in the Service using the Microsoft Azure cloud environment. Microsoft is therefore the sub-processor of Your Personal Data, and in accordance with GDPR and HIPAA. We encourage You to visit the Microsoft Trust Center website https://www.microsoft.com/en/trust-center to be informed about their gold standard Security, Privacy and Compliance.

 

TRANSFERS TO THIRD PARTIES AND THIRD COUNTRIES

Data storage is located in Northern Europe, unless otherwise required by law or specified by a Provider in territories outside of the EU. If You are EU resident, Your Personal Data will not be transferred by Qinematic to third parties or to a country outside of the EU/EEA without Your consent, in accordance with GDPR. A Provider, or any other entity collecting or utilising data recorded, stored or processed by Qinematic, is responsible for compliance with local data protection laws, and is fully responsible for any data, in any format, that they duplicate and store outside of the Service infrastructure.

RESPONDING TO LEGAL REQUESTS AND PREVENTING HARM

Your Provider may access, preserve and share Your information in response to a legal request (like a search warrant or a court order), or when necessary to detect, prevent and address fraud and other illegal activity, to protect ourselves, You and other users, including as part of investigations, if the Provider has a good faith belief that the applicable law so requires.

Information that Your Provider receives about You, may be accessed, preserved and retained for an extended period of time when it is the subject of a legal request or obligation, government investigation, or otherwise to prevent harm.

 

Some other things you need to know…

 

NOTICE OF CHANGES

This Privacy Policy is published and updated on the Qinematic website at http://qinematic.com/legal. If the changes are material, we will provide You additional, prominent notice as appropriate under the circumstances and, where required under applicable law, ask for Your consent.

 

YOUR PRIVACY UNDER EU LAW

EU law permits residents of the Member States once per calendar year to request details about what personal information is stored, the source of the data and the identity of parties to whom the data has been provided, free of charge, without indicating any reasons. Such a request shall be put to Your Provider, being the personal data controller of your Personal Data. Please check Your local data protection laws for regions outside of the EU. For the duration of Your subscription period, You may log in to the Moovment Pro Portal to see any data that is processed and stored on Your behalf by Qinematic, as well as manage access rights for Providers. You can permanently delete Your account at any time.

You can object to the use of Your personal data at any time and revoke the consent to use Your data that You provided upon Your registration. In addition, You can request rectification, erasure or blocking at any time of any personal data that is inaccurate. Such a request shall be put to Your Provider.

To exercise the aforementioned rights, or if You have any questions about our sharing practices, Your rights under EU or other applicable law, or wish to have Your personal information removed, please contact Your Provider, or any other entity collecting or utilising data recorded, stored or processed by Qinematic.  The identity of Your Provider and contact information may be found onscreen at the site where You perform Your test, and on any of Your reports generated by a Provider. The identity of Your active Provider and contact information can be found inside of the Moovment Pro Portal.

 

CONSENT

Before undertaking a scan You are asked to accept the Privacy Policy and voluntarily give Your informed consent to the following points:

  1. to the collection and processing of Personal Data as set out in this Privacy Policy by the Provider;

  2. to collection and processing of Personal Data as set out in this Privacy Policy by Qinematic.

 

CONTACT US

If You have any questions about this Privacy Policy and other legal information, You can contact us:

  1. By visiting this page on our website: www.qinematic.com/about

  2. By visiting this page on our website: www.qinematic.com/legal