Privacy & Disclaimer Notice for Tochtech Products and Services

This Privacy Notice governs Tochtech Technologies’ (“Tochtech”, “we” or “us”) collection, use and disclosure of Personal Information. In compliance with British Columbia’s Personal Information Protection Act (PIPA) and the “The Personal Information Protection and Electronic Documents Act “(PIPEDA) or other applicable legislation, our Privacy Notice is designed to provide transparency regarding our privacy practices with respect to the use and disclosure of the personal information we collect from you when you use Tochtech’s products and services, including mobile and web applications and our corporate website (together, the “Services”).

Please read this Privacy Notice carefully. By using the Services, you will be asked to consent to the collection, use and disclosure of personal information in accordance with the terms of this Privacy Notice. If you do not want us to collect, use, or disclose your personal information in the ways identified in this Privacy Notice, you should not use the Services.

Tochtech is committed to giving the utmost attention to the security and protection of your privacy.

Personal Information

“Personal Information” is information about an identifiable individual and includes but is not limited to contact information (email address, phone number), personal health information, name, age, and gender. To the extent that this information is collected or provided through the Services and can be used to identify an individual, we will treat it as personal information in accordance with this Privacy Notice.

Types of Personal Information We Collect, Use, and Disclose

In order to use the Services, you will be asked to create an account and to provide certain information, which could include your personal email address. We will use your personal information for the purposes of providing you the Services.

When you provide the personal information of a third party, for example the contact email for a caregiver, make sure you have consent from the individual to do so. Any third party personal information will be retained by the Services until you delete it.

We use third party service providers for payment processing and do not have access to or retain any of the transaction information other than your name and your shipping information.

We may ask you to provide personal information so that we can provide you with technical support, for example your phone number.

Types of information we collect

Identity data which is data that can directly identify you, such as your email address, age, usernames, names and surnames, phone number, delivery address.
Activity data which varies depending on the Products used. Data collected may include your physical activity level while in your home and depending on the product you use your heart rate, breath rate, sleep cycles and movement pattern while home.
Technical data which is necessary for the use of the Products and Services, such as Wi-Fi network, technical logs, date of Product activation, battery measurement, manufacturing ID, debug technical information, and website cookies. Your bank details are processed when you purchase Products on our website. They are solely used for audit purposes and are not stored.

Collection and Use Personal Information

Unless the purposes for collecting personal information are obvious and you voluntarily provide your personal information for those purposes, we will communicate the purposes for which personal information is being collected before or at the time of collection.

You may refuse to supply personal information but be aware that this can prevent you from engaging in certain activities in relation to the Services.

The data collected through the Products and Services of Tochtech is processed by Tochtech for the following specific purposes:

Providing Products and Services. Personal data processed by Tochtech are stored on your Tochtech account and accessible on the application.
Accounts. Use of our Products and Services requires the creation of an account. This account also allows you to manage your content and preferences as well as metrics collected by the Products.
Communicating with you. When you contact our customer support department to solve a problem that you have reported, our team members may be required to process your personal data to help you. They will not be able to view your identified personal health data such as your weight or blood pressure without your consent.
Marketing and recommendations Your personal data may be used to help us communicate with you, for example to offer you surveys, contests, coupons or events in which you are free to participate. We may provide you with information about our Products, such as alerts, changes, new features, sales offers from Tochtech or our partners, or to announce new Products to you.
Improving our Products and Services. We may use your anonymous personal data to improve our Products and Services. Your anonymous health data (not able to identify an individual or to be linked to an account) to conduct studies and analyses in the field of health, in order to advance scientific research.

Other Information We Collect

To improve our products and to provide services or technologies to you, we may collect and use “de-identified data”, data that does not identify you as an individual, generated by your use of the Services and may use it to:

Monitor system usage, server and software performance, to improve system design and products, to create benchmarks and to conduct trending analyses.
Perform statistical analyses and generate data related to how users use our Services.

We own any de-identified data and may share it with our partners, for example service providers, but the information will not identify you specifically.

Consent

By giving us personal information when you use our Services, you consent to your information being collected, used, disclosed and stored by us, only as described in this Privacy Notice.

At any time and without penalty, you can withdraw your consent to the use and disclosure of your information as set out in this Privacy Notice and delete your account by contacting us at privacy@tochtech.com.

We will use your personal information to send you information relevant to the Services and we will obtain your separate consent to send marketing messages. You can opt-out of most email communication from us by clicking on the unsubscribe link at the bottom of our emails.

We may also collect, use and/or disclose personal information for other purposes with your consent, or to the extent necessary for the purposes of meeting relevant regulatory, legal, insurance, audit, security and processing requirements, or to the extent permitted or required by applicable law.

Using, Disclosing and Sharing Personal Information

Your personal data will not be distributed, communicated, exchanged or transferred to third parties, on any medium whatsoever. Only the assumption of the purchase of Tochtech and its rights would allow the transmission of your data to the potential purchaser, who would in turn be bound by the same obligation to protect your data.

Tochtech’ companies and authorized third parties. We may communicate your data to Tochtech’ affiliates, as well as authorised third parties complying with this Privacy Policy, such as the care facility you have authorized in providing you with care.
International transfer of personal data. Our Services are provided by hosts located in Canada and data are not transferred outside Canada.
Mandatory disclosure. We may be compelled by the law to disclose your personal data to some authorities or other third parties, such as the law enforcement or legal authorities.

We may disclose your information to other third parties in relation to a merger, acquisition, or any form of sale of some or all our assets or business. Your information may be provided to the entities and advisors involved, for the purposes of determining whether to proceed with the transaction and, where applicable, to conclude the transaction. Your information may be transferred to a successor or assign of all or part of our assets or business that may use and disclose the information for the purposes described in this Privacy Notice.

We will not use or disclose your personal information for any additional purpose unless we obtain your consent to do so. We will never sell your personal information.

Retaining Personal Information

We will retain personal information only as long as necessary to fulfill the identified purposes or as permitted or required by law.

Other than special requirements by Law, all the personal data is stored electronically only. Your personal information will be processed and stored in our servers located in Canada. For more information on where data is stored, please contact privacy@tochtech.com.

If you wish to delete your data and your account, please submit your request to support@tochtech.com. Please include:

- Your email address
- Your contact phone number
- A statement indicating your request to delete your account and data
- Reason for deleting your account and data

Tochtech will contact you to confirm your decision to delete your account and data.

Ensuring Accuracy of Personal Information

We rely on you to ensure that the personal information you provide while using the Services is accurate, complete and up-to-date. You are welcome to make changes, request deletion or corrections to personal information at any time by updating your settings or by contacting us at privacy@tochtech.com.

We recommend you to regularly log on your Tochtech account and confirm that your personal data are accurate and up-to-date. If you have a doubt on the accuracy of data, please inform us and we will implement means to correct or erase inaccurate data.

Securing and Storing Personal Information

We use industry standard security practices appropriate to the sensitivity of the personal information and take reasonable steps to protect your personal information from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. We train our teams to follow privacy and security practices, including the principles of privacy by design.

Using contracts, we ensure that third parties acting on our behalf in respect of your personal information maintain reasonable and appropriate safeguards. Third parties acting on our behalf are not permitted to use or disclose your personal information for any purpose other than those identified in this Privacy Notice.

We will use appropriate security measures when destroying personal information.

We will review and update our security policies and controls as technology changes to ensure ongoing personal information security, however please bear in mind that no Internet or email transmission is ever fully secure or error free and no security system is impenetrable. We cannot fully guarantee the confidentiality of any information that you share with us.

We may use cookies to improve your website experience, to save you time, and to make it possible to navigate the Services. We do not link the information we store in cookies to any personal information you submit while using the Services. You can remove cookies manually by following directions provided in your Internet browser’s “help” file. If you refuse cookies, you will not be able to use some or all of the Services, since some cookies are essential to navigation.

It’s important to guard your privacy when you are online. If our Services contain links to other websites, this Privacy Notice does not govern those websites. Whether we have posted those links or other organizations or individuals have, you should read their privacy policies and make an informed decision about whether you want to use those websites or their services.

Location of Services

Your personal information may be processed and stored in locations outside of Canada and may be subject to disclosure under the laws of jurisdictions other than Canada. For more information on where data is stored, please contact privacy@tochtech.com.

Individual Access

You own the information you submit to the Company and can review, edit or remove it at any time subject to limited exceptions. Upon written request, we will provide you with a list of entities (e.g. third party service providers) to which we have disclosed your personal information, if applicable.

Cookies and Other Tracking Technologies

Additional Information

With your consent, we may use your testimonial or comments on our Services and in other materials. If at any time you want your name, testimonial or comment removed, please contact us at privacy@tochtech.com.

Changes to this Privacy Notice

We may update this notice to reflect changes to our information practices but we will not reduce your rights under this Privacy Notice without your explicit consent. We’ll post any changes to this page and, if the changes are significant, we will provide a more prominent notice (including email notification if appropriate). We will also keep prior versions of this Privacy Notice in an archive for your review.

We encourage you to periodically review our Privacy Notice for the latest information on our privacy practices and to contact us if you have any questions or concerns.

Questions and Complaints

You may send your privacy-related questions, concerns or complaints to our Privacy Officer, who is responsible for ensuring our compliance with this notice and with the appropriate privacy legislation.

Privacy Officer
201 – 13737 96 Ave, Surrey, BC V3V 0C6
info@tochtech.com

If our Privacy Officer is unable to resolve your concern, you may also write to the Information and Privacy Commissioner of British Columbia.

Disclaimer

The information on Tochtech’s mobile application does not replace your relationship with your doctor. The information is for your personal use and is not intended to replace medical advice, assessment or evaluation. Be sure to talk to a qualified health professional before making any medical decisions.

The Tochtech team has tried to make sure that the information on our app is accurate and reliable, but we cannot guarantee that it is complete or without error. By using our apps, you acknowledge and agree to the terms of this Disclaimer Policy. We reserve the right to modify these terms and policies.

All Products Disclaimer:

WARNING: The manufacturer does not claim that this device will stop stove fires/elopement and/or stop falls and/or prevent a medical emergency. The device is designed to augment caregiver’s comprehensive resident mobility management program.

Tochtech Technologies shall not be liable for any loss damage (including without limitation direct or indirect damages for personal injury property damage loss of business profits business interruption or any other pecuniary loss) or expense arising directly or indirectly out of the purchase installation or operation of its products. In no event shall Tochtech Technologies be liable for special, indirect, incidental or consequential damage of any kind or nature due any cause.

Statements regarding heart rate and breathing rate have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.

Tochtech Technologies Ltd shall not be liable for any special, indirect, incidental or consequential damage/medical related event of any kind or nature, including that which occur if the device/system is NOT connected to the Tochtech server through the home’s Wi-Fi Network.

Your use of any aspect of the Product/s and Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice.

VERICARE/TOCH SLEEPSENSE IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICE TO ENSURE ITS ACCURACY.