1. Data Protection Declaration
VAY is committed to responsible handling of information of our clients and their
users and to comply with the relevant data protection provisions. VAY is a
technology company and offers corporate clients human motion analysis software
that is used like a service (“service” or “solution”).
recorded by VAY and how we use it. If you have additional questions or require more
the operation of our human motion analysis software services, as well as the type,
scope and purpose of processing personal data (hereinafter referred to as "data").
This policy is not applicable to any information collected offline or via channels other
than described above.
2. Legal basis for the processing
When processing personal data in connection with the purposes set out in this policy,
we may rely on one or more of the following legal bases depending on the circumstances
(article 6, para. 1, point f) of the GDPR:
fulfilling the contract with the relevant client,
pursuing the legitimate interests of our company and/or our clients,
complying with the applicable legislation and guidelines, and
protecting our rights;
we have a legitimate interest in the implementation of the processing for the improvement of our algorithms and related services and this legitimate interest is not overridden by your interests, fundamental rights or freedoms.
3. Type and scope of the acquisition of personal data
VAY’s solution produces and records only anonymous metadata that relate to the
movements received from our client’s application. The functionality of video recording a user‘s movements in our client’s applications will only be enabled after getting explicit consent from the user before a
session by means of a dedicated screen.
VAY does not save any clearly identifiable personal data nor does VAY save any
image or video recordings for other purposes than retraining and optimization of our
algorithms. No personal data is saved on the long-term memory or uploaded to a
cloud storage system. For every movement, our solution calculates all body parts on
the recorded image in real-time and therefore analyzes movements and posture
including time under tension, repetitions, acceleration, exercising time, position of
the body in the space. These metrics are saved without any user specifics and are
We do not save any clearly identifiable data of our client’s users.
4. Purpose of processing personal data/data recipient
As outlined above, we do not record or process personal data in connection with our
core products (VAY Human Motion Analysis) or any other of our solutions. Our
solution only gathers biomechanical metadata for the movement analysis services.
The biomechanical metadata is essentially used for the optimization of our services
and algorithms, by means of which the following objectives are pursued (depending
on the system configuration):
The video recordings will be processed to improve the functionality of our services. In particular, the following processing steps will occur:
Review of the recordings by individual employees and annotation of exercise state, movement characteristics, body pose, other body features, as well as environmental factors that might have an impact on body detection.
Training of Machine Learning models for automatic detection of exercise state, movement characteristics, body pose, environmental factors, as well as other medical factors by connecting the video records to data collected within our clients applicaiton.
We do not save or store the video recordings, we do not share the data with third parties. The data is always transferred to us in an encrypted way.
We ensure that all the above-mentioned processes and services are provided by
service providers who are commissioned in compliance with data protection
legislation and who are based in the EU or Switzerland.
5. Storage duration
Once the data is no longer required for fulfillment of contractual or statutory
obligations, it is regularly deleted. As a general rule, we retain the data for a max.
period of three years. As described in section 3, all images and video recordings are
deleted after their processing. Storage duration relates exclusively to the
anonymized metadata described in section 3 (age, gender, etc.), which is used
exclusively for the purposes stated in section 4.
6. Your rights
In general, the EU’s General Data Protection Regulation (GDPR) gives you the
following rights in relation to your personal data:
The right of access (article 15)
The right to rectification (article 16)
The right to erasure (article 17)
The right to restriction of processing (article 18)
The right to data portability (article 20)
The right to object (article 21)
Since our solution does not record any personal data, however, but rather just
anonymous biomechanical metadata, we are also not able to rectify or erase
personal data from the body of data we hold. Furthermore, we are also unable to link
up the metadata retrospectively with your personal data. You can request further
information by sending an e-mail to . You have the right to consult a
relevant data supervisory authority (article 77 of the GDPR).
7. Contact information
Responsibility for data processing: VAY AG, Dreikönigstrasse 7, Zürich, Switzerland.
The data protection officer at VAY AG can be contacted at: .