Privacy Policy
Last Updated: 30th June 2021
Your privacy is important to Nervotec, and we do our best to ensure that you are aware of how we collect, use and disclose your Personal Data.
This Privacy Policy is incorporated in and forms part of the {NervoHealth End User Terms of Service} (the “Terms”) and applies to you if you use the Application. Except as otherwise defined, the capitalised terms in this Privacy Policy have the same meanings as those in the Terms.
Nervotec has adopted this Privacy Policy to inform you about how we handle your Personal Data derived from your use of the Application.
Please read this Privacy Policy carefully.
This Privacy Policy may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which this Privacy Policy was last updated. You are encouraged to check for any updates to this Privacy Policy prior to your use of the Application. Your continued use of the Application constitutes your acknowledgement and acceptance of this Privacy Policy as changed from time to time.
1. In this Privacy Policy, unless the context otherwise requires, the following general definitions apply:
i) “Data Protection Laws” means applicable laws and regulations relating to the use and/or processing of personally identifiable information and data and privacy.
ii) “Personal Data” means:
(1) data, whether true or not, about an individual who can be identified:
(a) from that data; or
(b) from that data and other information to which we have or are likely to have access; and
(2) any data that is analogous to the foregoing, as defined in Data Protection Laws.
iii) “Purposes” means the purposes set out in this Privacy Policy.
2. Unless the context otherwise requires, the rules of interpretation set out in the Terms shall apply to this Privacy Policy.
1. We receive your Personal Data when you:
i. download the Application;
ii. register for an Account; and
iii. use the Application (which includes accessing and using the Content or the Services).
2. In connection with the Services, and to the extent permitted by applicable laws (including Data Protection Laws), we may also be collecting from sources other than yourself, your Personal Data, for one or more of the Purposes, and thereafter using, disclosing and/or processing such Personal Data for one or more of the Purposes. We may combine information we receive from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the Purposes (depending on the types of information we receive). If you suspect that any of your Personal Data has not been lawfully disclosed to us, please contact us (details are set out at the end of this Privacy Policy).
3. Unless otherwise stated, this Privacy Policy does not cover any collection, use or disclosure by third parties, including through any applications, websites, products, or services that we do not control or own.
1. In connection with your use of the Application, we may collect the following Personal Data from you:
i. your personally information, including contact and registration information such as your name, your organisation’s name, email address or mobile phone number to make sure your account is completely personalised, as well as other information requested for your input on the Application, such as your gender, birthdate, weight and height and NRIC number;
ii. vital signs derived from your use of the Application, such as: Heart Rate (BPM), Oxygen Saturation (SpO2%), Respiration (BPM), Stress level, Emotional state and HRV-SDNN (ms), and other calculated and related data to track and maintain your historical measurement data;
iii. your contact information, such as your mailing address, email address and telephone number;
iv. specific usage data from your use of the Application;
v. if required under applicable law, your national identification number;
vi. technical information related to your use of the Application, such as IP addresses, browser information and mobile device information;
vii. if applicable, payment details in order to process payments for purchases made on the Application; and
viii. aggregated information such as statistical or usage data (note that such aggregated and statistical data may be derived from your Personal Data but is anonymised).
1. We may use your Personal Data for the following purposes:
i. to facilitate and administer your use of the Application, including providing you with the Content and the Services;
ii. to administer and keep track of your Account, including verifying your information in connection with your use of the Application;
iii. to personalise your user experience on the Application;
iv. to monitor and analyse your use of the Application;
v. to help you track your health information and wellness;
vi. to inform you of updates and announcements regarding the Application;
vii. to enforce the Terms, including managing our licenses,
viii. to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Application, and to take any action in any legal dispute or proceeding.
ix. to improve the Application; and/or
x. to contact you with information in relation to your use of the Application, or at your request.
2. We may also use your Personal Data to work with third-party service providers to facilitate the use of and administer the Application, or to provide other products or services in connection with the use of the Application (including tele-medicine service and digital certification service providers and platforms).
3. We may collect, use, disclose or process your Personal Data for other purposes that do not appear in this Privacy Policy. However, we will notify you of such other purposes at or before the time of obtaining your consent, unless processing of your Personal Data without your consent is permitted by Data Protection Laws.
1. We may need to disclose your Personal Data to third-parties, whether located within or outside Singapore, for one or more of the Purposes, as such third parties, would be processing your Personal Data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties (whether located within or outside Singapore) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your Personal Data for one or more of the above Purposes. Without limiting the generality of the foregoing, such third parties include:
2. any of our agents, contractors or third-party service providers that process or will be processing your Personal Data on our behalf including but not limited to those which provide administrative or other services to us;
3. our professional advisers, for example, our auditors and lawyers, as well as our insurers;
i. third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your Personal Data for one or more of the Purposes; and
ii. any actual or proposed assignee or transferee of the business of Nervotec, or a merged entity in the event Nervotec is merged to create the said merged entity.
4. Where we disclose your Personal Data, we will do so only in accordance with Data Protection Laws. This includes taking steps to ensure the security and privacy of your Personal Data, and where required, it will be subject to contractual terms ensuring the security and protection of any Personal Data under any sub-processor or data intermediary, whether within or outside of Singapore.
1. Security of your Personal Data is important to us. We will put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your Personal Data. However, we cannot assume responsibility for any unauthorised use of your Personal Data by third parties which are wholly attributable to factors beyond our control.
2. We will put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymised as soon as it is reasonable to assume that (i) the purpose for which your Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes.
1. We may also obtain information about your use of the Application through the use of ‘cookies’ which enable us to make certain parts of the Application easier to use and to improve the Application generally.
2. A cookie is a small file which asks permission to be placed on your device’s hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular website or web-based application. Cookies allow web-based applications to respond to you as an individual. The website or web-based application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
3. We may use traffic log cookies to identify which pages are being used. This helps us analyse data about web-based traffic and improve the Application in order to tailor it to user needs. If we do use such cookies, we will only use this information for statistical analysis purposes and then the data is removed from the system thereafter.
4. Overall, cookies help us provide you with a better Application, by enabling us to monitor which sections you find useful and which you do not. A cookie in no way gives us access to your device or any information about you, other than the data you choose to share with us.
5. You can generally choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, some cookies are essential, and some websites or web-based applications won’t operate as expected without them and some features of the website or web-based application may not be available.
1. Should you provide us with Personal Data of any individual other than yourself, you represent, undertake, and warrant to us that:
i) for any Personal Data of individuals that you disclose to us, you would have prior to disclosing such Personal Data to us obtained consent from the individuals whose Personal Data are being disclosed, to:
a) permit you to disclose the individuals’ Personal Data to us for the Purposes; and
b) permit us to collect, use, disclose and/or process the individuals’ Personal Data for the Purposes;
ii) at our request, you will use such form(s) or document(s) provided by us in obtaining such consents from the individuals in question (for the avoidance of doubt, we are under no obligation to you to create any such form(s) or document(s));
iii) any Personal Data of individuals that you disclose to us are accurate; and
iv) for any Personal Data of individuals that you disclose to us, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their Personal Data to us and for us to collect, use, disclose and process such Personal Data for the Purposes.
2. Should you provide us with Personal Data of your child or children, you confirm, declare and agree that you are the parent and/or legal guardian of such child/children, and that we may collect, use and/or disclose your child’s or children’s Personal Data for the Purposes and in the manner as set out in this Privacy Policy.
The Application may contain links to third-party websites and applications whose data protection practices may differ from ours. We are not responsible for the content and privacy policies of these third-party websites and applications, and we encourage you to consult their privacy policies before accessing or using the third-party websites and applications.
1. If you have any questions about the processing of your Personal Data or about this Privacy Policy, if you do not accept an amended Privacy Policy, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your Personal Data, you are welcome to contact us through the contact details listed at the end of this Privacy Policy.
2. You have the right to access and/or correct any Personal Data that we hold about you, subject to exceptions under the law. This right can be exercised at any time by contacting us through the contact details listed at the end of this Privacy Policy. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. All requests for correction or for access to your Personal Data must be in writing. We will endeavour to respond to your request within 30 days, and if that is not possible, we will inform you of the time by which we will respond to you.
3. We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.
4. In many circumstances, we need to use your Personal Data in order for us to enable your use of the Application. If you do not provide us with the required Personal Data, or if you do not accept an amended Privacy Policy or withdraw your consent to our use and/or disclosure of your Personal Data for the Purposes, it may not be possible for us to continue to enable your use of the Application.
5. We may charge you a fee for responding to your request for access to your Personal Data which we hold, or for information about the ways in which we have (or may have) used your Personal Data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.
6. We are fully committed to protecting your Personal Data and ensuring that you are able to enjoy all the rights granted to you in relation to your Personal Data under Data Protection Laws. Nothing in this Privacy Policy should be construed as limiting any of your rights prescribed for under Data Protection Laws.
If you have any questions about this Privacy Policy, or if you wish to access, update, or correct your Personal Data or withdraw your consent to the use, collection, and disclosure of your Personal Data in accordance with this Privacy Policy, please email us at [email address of data protection officersupport@nervotec.com].
End User Terms of Service
Last Updated: 30th June 2021
This NervoHealth mobile application (the “Application”) is owned and operated by Nervotec Pte. Ltd. (UEN: 202016179G), a company incorporated in Singapore (together with its related corporations, “Nervotec”, “we”, “us” or “our”).
These End User Terms of Service (these “Terms”) apply to the use of the Application (including accessing the Content and using the Services by Users.
Please read these Terms carefully.
By using the Application, you are deemed to have agreed to these Terms, our {Privacy Policy}, and all other policies and documents published by us on the Application, all of which are expressly incorporated to these Terms. These Terms apply to all Users, including Users who have not registered for an Account (defined below) or Users who are vendors and third-party service providers of Nervotec who use the Application in any way.
These Terms may be changed by us from time to time without any prior notice. You may determine if any such changes have taken place by referring to the “Last Updated” date on which these Terms were last updated. You are encouraged to check for any updates to these Terms prior to your use of the Application. Your continued use of the Application constitutes your acknowledgement and acceptance of these Terms as changed from time to time.
1. In these Terms, unless the context otherwise requires, the following general definitions apply:
i. “Account” means your account registered on the Application.
ii. “Content’ means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a device that appears on, or forms part of, the Application, and includes any information relating to you or your personal health monitored or displayed on the Application.
iii. “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
iv. “Services” means all services available on the Application, including the services of providing information on vital signs of Users.
v. “User” means any person who accesses and uses the Application (including accessing the Content and using the Services), and “you” and “your” will be construed accordingly.
2. Where applicable, references to the “Application” include the Content and the Services.
3. The headings used in these Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms.
Access to the Application is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue the Application (or any part of it) at any time and without notice. We will not be liable to you in any way if the Application (or any part of it) is unavailable at any time and for any period.
1. By acting as a User, you represent and warrant that you are at least 18 years old. Where a User is not at least 18 years old but has been granted permission to access and use the Application by a User, the User granting such permission agrees and undertakes to take full responsibility for the acceptance and compliance with these Terms.
2. In order to access certain parts of the Content and the Services, you may be required to register an Account. To register for an Account, you must provide us with accurate, complete and updated information as may be required upon registration.
3. You are responsible for the security of your Account information, including without limitation your username and password in relation to your Account. You must take all appropriate measures (including but not limited to changing your password from time to time) to ensure the security and confidentiality of your username and password. In the event of any compromise in the security of your username and/or password, you must inform us immediately and change your password. Until such notification is received and confirmed by us and access to your account is disabled at your request, you shall be responsible for all consequences arising from any unauthorised or fraudulent use of your account.
4. You are solely responsible for any and all of your actions carried out on the Application. Any violation of these Terms may result in the termination of your Account at our sole discretion.
5. We reserve the right to restrict, suspend or terminate your Account at any time and in any manner at our sole discretion.
1. Except as expressly stated otherwise under these Terms, you are solely responsible for all information provided by you on the Application.
2. Where Nervotec provides you with information relating to you (including your personal health information), [you are permitted to use and reproduce such personal information], subject always to these Terms. You remain solely responsible for how you deal with any such information obtained by you through your use of the Application.
3. Any information or data provided by you to us or collected from you through your use of the Application (including without limitation your e-mail address, weight, height, gender and other health information) may be collected, used and disclosed in accordance with our {Privacy Policy}. Please ensure that you have reviewed the Privacy Policy, as you are deemed to have accepted it as part of these Terms.
1. You agree to use the Application in a manner that is in compliance with all applicable laws. In particular:
i. you must ensure that you comply fully with any and all local, national or international laws and/or related regulations;
ii. you must not use the Application in any way that is directly or indirectly dishonest or fraudulent;
iii. you must not use the Application to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
iv. you must not use the Application in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. Notwithstanding anything to the contrary in these Terms, you must not perform, attempt to perform, or encourage or assist others in performing any of the following:
i. connecting to or accessing any portion of the Application other than through the use of the Application’s intended interfaces;
ii. accessing non-public or restricted areas of the Application;
iii. testing the vulnerability of the Application, breaching any security or authentication measures, circumventing any technological measure implemented by us or any of our service providers to protect the Application;
iv. publishing or disseminating any reports or analysis with respect to the Application;
v. decompiling, disassembling, reverse engineering, tampering with, or attempting to derive the source code of any portion of the Application;
vi. copying, adapting, modifying, preparing derivative works based upon the Application; and
vii. distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, or otherwise disposing of the Application or any portion thereof in a manner not explicitly permitted in these Terms.
3. We reserve the right to take any lawful action against you (including instituting legal proceeds or making appropriate reports to the relevant authorities) for any breach of these Terms by you.
1. Any use of the Application by you and any information properly given to you, whether relating to you or not, through your use of the Application is granted subject to these Terms and pursuant to a limited, non-exclusive, non-transferable, non-sublicensable license granted by Nervotec, and is revocable at any time at our sole discretion. Except for these rights expressly granted to you, these Terms do not grant you any rights or license by implication or otherwise with respect to any of part of the Application.
2. The Intellectual Property subsisting in the Application (including, for the avoidance of doubt and without limitation, any improvements, updates, upgrades, error-corrections, or other modifications thereto, and any derivative work based thereon), belongs to or has been licensed by us unless specifically labelled otherwise. To the extent such Intellectual Property belongs to us, we retain all rights, title, and interest to such Intellectual Property.
3. Without affecting the general nature of the previous clauses, you agree that Nervotec shall be the sole and exclusive owner of all rights to any and all feedback provided by you, and any ideas, inventions and/or improvements (whether protectable by any Intellectual Property protection or not) conceived or derived or resulting from such feedback or embodied therein (collectively, “Feedback”). You hereby irrevocably assign to Nervotec any and all rights that you may have in such Feedback, and to the extent such rights may not be assigned under applicable law, you hereby grant Nervotec a royalty free, perpetual, worldwide, exclusive, irrevocable license to use such Feedback for any purpose, including commercial purposes.
1. The Application is not intended to diagnose, treat, monitor, cure, or prevent any disease, and are not intended to match or replace professional or specialist advice in any way, and is provided for general information purposes only. Please ensure that you seek professional medical advice as needed, even if you have used the Application.
2. While Nervotec uses reasonable efforts to ensure that the Content on the Application is accurate and complete, we do not make any representations, warranties or guarantees (express or implied) on the accuracy or completeness of such Content.
3. Where applicable, we make reasonable efforts to ensure that any and all pricing information shown on the Application is correct from time to time. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time.
4. To the extent permitted by applicable laws, we make no representation, warranty, or guarantee that the Application (i) will meet your requirements, (ii) will not infringe the rights of third parties, (iii) will be compatible with all software and hardware, or (iv) will be secure.
1. To the fullest extent permitted under applicable law, neither nervotec or its officers, representatives, agents or employees shall be liable for (i) any incidental, special, exemplary or consequential damages, costs, losses or expenses including without limitation loss of profits, data and/or goodwill arising out of, or in connection with, the services and/or your or any third party’s reliance upon the application or any part thereof, and (ii) any damages, losses or expenses arising out of, or in connection with your or any third party’s reliance upon the application. The aforementioned shall apply regardless of whether a claim is based upon contract, tort (including without limitation negligence) or any other legal theory, and whether or not Nervotec has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the agreement with you under these terms.
2. To the fullest extent permitted under applicable law, we do not accept liability for any error or omission, injury, expense, loss, or damage caused, in whole or in part, directly or indirectly, (i) by you, (ii) any other third party’s actions, omissions, or negligence, or (iii) generally from factors outside of Nervotec’s reasonable control. Without limiting the general nature of the foregoing, you acknowledge that your use of the application may be impaired or produce inaccurate or incorrect output due to factors outside of our control, including without limitation (i) the provision by you of incorrect details; (ii) use of the application when it is not updated with the last available update; and/or (iii) use of the application other than as instructed by Nervotec.
3. Notwithstanding anything to the contrary in these terms, and in addition to the foregoing, to the maximum extent permitted under applicable by law, Nervotec’s maximum total aggregate liability under these terms whether based on warranty, contract, tort (including negligence), product liability or otherwise, shall not exceed, in the aggregate for all claims, s$1,000.
4. Nothing in these terms shall be construed as purporting to exclude or restrict any forms of liability which cannot be excluded or restricted under applicable law, including fraud, fraudulent misrepresentation, death, or personal injury resulting from our negligence.
You agree to indemnify and hold harmless, on demand, Nervotec and its officers, representatives, agents and/or employees, from and against any and all damages, losses and/or expenses (including reasonable legal fees) incurred due to any third-party suit, claim or procedure arising out of, or connected with your direct or indirect breach of these Terms.
1. Certain parts of the Content or the Services may include materials or services from third parties.
2. Third-party links on the Application may direct you to third-party platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant and shall not be liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3. We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
1. These Terms constitute the entire agreement and understanding between you and us and govern your use of the Application, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). To the fullest extent permitted under applicable law, any ambiguities in the interpretation of these Terms shall not be construed against us.
2. No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise. Our decision to use any one or more of such remedies provided for under these Terms shall not constitute a waiver by us of our rights to pursue any other available remedies.
3. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. Neither party shall be liable to the other for any performance delay or failure to perform hereunder (other than any payment obligation) due to any act, omission, or condition beyond the reasonable control of the affected party.
5. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable laws, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
6. You shall not, without the prior written consent of Nervotec, assign, transfer, or sub-contract these Terms and/or any of your rights or obligations under these Terms, and any unauthorised assignment shall be null and void. Nervotec may, at any time, freely assign, transfer or sub-contract these Terms or any or all of its rights or obligations under these Terms.
7. These Terms shall be governed by and construed in accordance with the laws of Singapore, and you hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.
Questions about these Terms should be sent to us at [support@nervotec.com]
