PRIVACY POLICY

1. Data Protection Declaration

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Nautilus Switzerland AG (NS) is committed to responsible handling of information of our clients and their

users and to comply with the relevant data protection provisions. NS is a

technology company and offers corporate clients human motion analysis software

that is used like a service (“service” or “solution”).

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This Privacy Policy document contains types of information that is collected and

recorded by NS and how we use it. If you have additional questions or require more

information about our Privacy Policy, do not hesitate to contact us.

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In this privacy policy you will find out which data is collected by us in connection with

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.

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2. Legal basis for the processing

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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:

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• fulfilling the contract with the relevant client,

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• pursuing the legitimate interests of our company and/or our clients,

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• complying with the applicable legislation and guidelines, and

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• protecting our rights;

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• 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.

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3. Type and scope of the acquisition of personal data

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NS’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.

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NS does not save any clearly identifiable personal data nor does NS 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

completely anonymous.

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We do not save any clearly identifiable data of our client’s users.

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4. Purpose of processing personal data/data recipient

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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):

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• The video recordings will be processed to improve the functionality of our services. In particular, the following processing steps will occur:

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• 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.

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• 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.

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• 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.

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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.

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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.

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6. Your rights

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In general, the EU’s General Data Protection Regulation (GDPR) gives you the

following rights in relation to your personal data:

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• The right of access (article 15)

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• The right to rectification (article 16)

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• The right to erasure (article 17)

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• The right to restriction of processing (article 18)

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• The right to data portability (article 20)

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• The right to object (article 21)

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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 info@vay.ai. You have the right to consult a

relevant data supervisory authority (article 77 of the GDPR).

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7. Contact information

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Responsibility for data processing: Nautilus Switzerland AG, Bahnhofstrasse 81, Zürich, Switzerland.

The data protection officer at Nautilus Switzerland AG can be contacted at: info@vay.ai.