Data Protection Declaration
Qolware GmbH, Arcisstr. 21, Büro 0934, 80331 München/Germany, represented by its Managing Directors Cristina Soaz González and Therese Tönnies (hereinafter: “Qolware”), provides intelligent healthcare solutions with the aid of artificial intelligence. Via the mobile software application LOLA (“App”), Qolware offers a digital health and emergency assistant for support in handling routine and emergency situations, and for facilitating swift assistance from family members, caregivers, or friends.
Some aspects of the App’s operation and with respect to the performance and optimization of Qolware’s services require the collection, processing, and use of certain personal data. Qolware places the highest emphasis on data protection and data security, and complies with the respectively applicable data protection provisions.
If you are asked for consent in connection with use of the App - such as registration by checking the corresponding consent field or during the installation process by pressing “confirm”- , then you will be issuing consent to Qolware such that Qolware is permitted to collect, process, and use your personal data in the scope laid out in the following.
You can withdraw your consent at any time. Such withdrawal can be performed in writing, or electronically, addressed to: Qolware GmbH, Arcisstr. 21, Büro 0934, 80331 München/Germany, E-mail: email@example.com; or, where applicable, by changing the corresponding settings. After withdrawing your consent, Qolware will delete the collected and stored data without delay and will no longer process it.
In cases where you provide third-party data, you are assuring to Qolware that such persons are aware of and consent to this process - and by extension to the corresponding collection, processing, and usage of their personal data - and that you will notify such third parties of this Data Protection Declaration’s content.
Collection and storage of personal data
Qolware collects and processes personal data when you register via the App and use it.
User and content data
Registration is required in order to use the App. Upon registration for App usage, Qolware collects and stores the following information:
- First and last name
- Mobile telephone number
- E-mail address
- Date of birth
Qolware exclusively uses the data named above to facilitate App registration.
Qolware only collects, stores, and uses the data that is required in the individual case for App registration and usage. In addition to the data required for registration, there is also an option to indicate the following personal information:
- Status of health
- Right- / left-handed
Qolware uses this voluntary information to better recognize and assess emergency situations.
Moreover, while using the App, you can name contacts who should be notified in the event of an emergency situation. With respect to these contacts, we collect the following personal data:
- First and last name
- (Mobile) telephone number
If you have consented accordingly, the App accesses your location information via the GPS module on your device. When installing via Apple App Store, you will be expressly asked during the installation process whether you would like to permit Qolware corresponding access; when installing via Google Play Market, your consent is automatically assumed within the scope of the installation.
In this case, Qolware collects and stores the following data:
- Activation date
Location data is stored on your device in regular intervals. The App deletes the stored location data as soon as more current location data has been saved on the device. You can deactivate location services via the settings on your mobile device. Furthermore, you can activate or deactivate the transmission of your location for each individual contact by managing your emergency contacts.
Locations are recorded in order to determine your exact position in the event of an emergency situation and, where applicable, to forward that position to Qolware and to the contacts you have named.
If location services are deactivated, then this feature will no longer be available, which means it will no longer be possible to notify your contacts of your location should an emergency situation arise.
If you are using a smartwatch and doing so is required for providing a service, then Qolware will record and store ambient pressure with the aid of the barometer on your device, also when you aren’t using your mobile device at that moment.
Ambient pressure is recorded in order to determine, in conjunction with other sensor data, changes in your environment that could infer an emergency situation. The enables the App to, to cite an example, determine whether a sudden change in environmental pressure is due to a fall and whether you need help.
If you are using a smartwatch and doing so is necessary for providing a service, then Qolware will record and store changes in your movements with the aid of the acceleration sensor on your device, also when you aren’t using your mobile device at that moment.
Changes in your movements are recorded in order to recognize, in conjunction with other sensor data, certain patterns that can infer certain activities or an emergency situation. For example, Qolware can establish typical movement patterns in gait or sleeping phases, and can provide you with a corresponding assessment.
If you are using a smartwatch and doing so is required for providing a service, then Qolware will record and store your heart rate and your pulse with the aid of the pulse monitor on your mobile device. In conjunction with movement data, this enables the App to determine whether your pulse or heart rate is normal, unusually high, or unusually low for the activity being performed, and to notify you accordingly.
To the extent you have provided the corresponding consent and doing so is required for providing a service, the App furthermore accesses the microphone on your mobile device and creates audio recordings in order to better determine whether an emergency situation has occurred. The microphone will only be accessed if and when other data being recorded, especially data from the acceleration sensor, infer that an emergency situation has occurred.
When installing via Apple App Store, you will be expressly asked during the installation process whether you would like to permit Qolware corresponding access; when installing via Google Play Market, your consent is automatically assumed within the scope of the installation.
You can deactivate microphone access via the settings on your mobile device. In some circumstances, this may result in restricted App usability.
If you have named contacts and an emergency situation occurs, or if you expressly make the corresponding request, the App will access your mobile phone’s telephone function and establish a telephone connection to your contacts. No personal data will be used other than what is required in order to establish the connection.
Qolware reserves the right to notify you of similar Qolware products via e-mail on a regular basis. At all times, you will have the right to opt out of the use of your data and will be notified of this opt-out right in each case of commercial communication.
You can exercise the opt-out right via the following options:
- By clicking on the opt-out link in our commercial e-mail,
- Via declaration in writing or text to Qolware GmbH, Arcisstr. 21, Büro 0934, 80331 München/Germany or via e-mail to: firstname.lastname@example.org.
Qolware will otherwise only use your personal data if you have issued your consent to Qolware for the corresponding type and scope.
When using the App, Qolware collects and stores the following usage data, even without the corresponding data being entered during registration:
When accessing the App, the following information is automatically logged:
- IP address of the requesting device
- Date and time of your access to the App
- The desired access method / function of the requesting device
- The input values transmitted by the requesting device
This information is used to identify and track impermissible access to the App and other offences, and also for optimizing the App’s data and statistically assessing Qolware’s services. This permits Qolware to learn, for example, how navigation takes place within the App and which services there is a particularly high level of interest for.
This anonymous data is separated from user and content data that may have been entered, and does not permit tracing to a specific person. The data is deleted after evaluation.
Transmission of user and content data to third parties
Within the scope of App operation, Qolware anonymizes the data collected via the acceleration sensor, the barometer, the pulse sensor, and the microphone, as well as location data, and transmits anonymized data to a service provider whose server is located within the territory of the Federal Republic of Germany.
The anonymous data is recorded and stored separately from the other content, user, and usage data unless you have provided your express consent to joint collection and storage in order to use additional features (e.g. overview of health status). Anonymous data does not permit tracing to you personally.
This anonymized data is transferred to the service provider with a commission to store it.
Qolware will only transmit your personal data to other third parties if doing so is necessary of fulfilling the contracts concluded with you or for performing the services, or if you have issued consent to that end. Examples here include the transmission of your location to the contact you have named (see Section I. 1. c) if an emergency situation arises. In turn, Qolware service providers and cooperation partners are of course obligated to comply with legal data protection provisions.
Otherwise, Qolware only transmits user and content data to third parties if and to the extent
- doing so is necessary for executing an existing contract relationship or for asserting rights Qolware may hold,
- Qolware is legally obligated to that end, or is obligated accordingly by a court, and
- when involving queries from government bodies, especially law enforcement and supervisory authorities, to the extent necessary for defense against dangers for public safety and order, and for prosecuting crimes.
Links to other websites
The App can contain links to offers from other providers. After clicking on a link, Qolware no longer has influence over the processing of any personal data potentially transferred to third parties by clicking on a link (such as IP address or the link’s URL). Qolware disclaims responsibility for the processing of this kind of personal data performed by third parties.
Disclosure, correction, deletion, lock
If requests are made in writing or text form (such as e-mail), Qolware will, at any time, provide you with information on what kind of personal data pertaining to you is being stored. You furthermore have the option to have Qolware correct, lock, or delete your personal data. To that end, contact Qolware GmbH, Arcisstr. 21, Büro 0934, 80331 München/Germany. The only data exempt from deletion is data that Qolware still requires for processing outstanding contracts or for asserting its own rights and claims; as well as data Qolware is obligated to store due to legal provisions. Following your request for correction, lock, or deletion, such data will be locked. Notwithstanding the aforegoing restrictions, Qolware will delete the personal data shared in your user profile upon deletion of your user account.
Qolware implements technical and organizational security measures in order to guarantee that users’ personal data is protected against loss, inaccurate changes, or unauthorized third-party access. In every case, only persons authorized at Qolware will have access to your personal data, and those persons will only have access to the extent necessary within the scope of the purposes named. Transmission of the data collected during registration is encrypted.
Change in data protection terms and conditions
Qolware reserves the right to update these terms and conditions regarding data protection at any time. In the event of changes, Qolware will notify you sufficiently in advance and, as needed, ask for your consent.
Controller of the data file
The controller of the data file (“verantwortliche Stelle”) as defined in the Federal Data Protection Act (“Bundesdatenschutzgesetz”) is Qolware GmbH, Arcisstr. 21, Büro 0934, 80331 München/Germany.
In the event of questions regarding the collection and processing and use of your personal data, we will provide you with information at any time. Questions should be sent via postal service or via e-mail to email@example.com. You can also turn to us regarding changes, lock, or deletion of your stored data.
You can download and save the aforegoing data protection terms and conditions here: lola-health.com/de/datenschutz.
Last updated: September 2017