Preamble Effective Date: 05/01/2022
This User License Agreement (the “Agreement”) is applicable to the user (hereinafter referred to as “you”) with an account registered or a temporary verification code provided by the Hotel (hereinafter referred to as the “Verification Code”) to access the products and “ErgoGuest” application (hereinafter referred to as -APP) services (hereinafter referred to as “our Services”) of Keeson Technology Co. Ltd. (hereinafter referred to as “we”)
Please read the Agreement carefully, upon checking and initiation of our Services, you are deemed to have understood and expressly agreed to each provision in the Agreement, and the Agreement will immediately become legally bounding between you and us.
Important Note: If you do not agree to any contents in this license agreement, please do not use any of our Services.
Important note: our equipment is non-medical equipment, the services we provide are non-medical services, and our data are non-medical data. Our Services cannot replace medical services provided by hospitals or doctors, and the data we provide cannot be used as medical reference data for diagnosing, treating or preventing any diseases or symptoms.
As a product provider and APP publisher, Keeson Technology Co. Ltd. attaches great importance to any comments and suggestions you put forward on our Services. Our contact information is as follows:
Company Name: Keeson Technology Co. Ltd.
Address: No.158 Qiumao Road, Wangjiangjing Town, Xiuzhou District, Jiaxing City, Zhejiang Province, China
Enterprise Organization Code: 91330411780498339G
Email: DPO@keeson.com
Contact: He Qunyue
For matters related to personal data protection, please contact our Data Protection Officer whose contact information is shown below.
Name: He Qunyue
Email: DPO@keeson.com
Tel: 00 86 0573 83852717
Address: No.158 Qiumao Road, Wangjiangjing Town, Xiuzhou District, Jiaxing City, Zhejiang Province, China
For personal data protection matters in the EU, please contact our representative as follows:
Company Name: Ergomotion EU, UAB
Address: Didlaukio str. 80-96, LT-08326 Vilnius, Lithuania
Enterprise Organization Code: 304167996
Email: nfigueiredo@ergomotion.com
Contact: +351 917 270 446
This license agreement will help you learn more about the following aspects:
1. About our Services
2. Protection of Your Personal Data
3. Products and Services of the Third Party
4. Export Controls
5. Indemnification
6. Disclaimer of Warranties
7. Copyright Policy
8. Miscellaneous Clauses
Part I About our Services
1.1 Specific service contents are determined by us according to actual circumstances, including but not limited to processing the sleep reports generated according to the personal data authorized by you, snoring interventions, etc., and accessing and modifying your personal data of sleep reports, snoring intervention, etc. through your registered account or the temporary account created by entering the Verification Code. We may change the services provided from time to time according to changes to laws or the optimization of APP, and you may receive our notices regarding to service changes.
1.2 The free services provided to you, such as downloading, installing, updating and so on, all need to be connected to the Internet, and you need to learn about information on relevant Internet access fees from the operator and bear relevant expenses on your own.
1.3 In the performance of our Services, to the maximum extent permitted by law, we disclaim any liabilities on the following aspects:
1.3.1 Inaccuracies, errors or faults in software;
1.3.2 Any loss or damage (including but not limited to any consequential, indirect, incidental, special or exemplary damages) arising from the download or use of software or due to any such inaccuracies, errors or faults in software.
1.4 Forms of our Services
1.4.1 To use our products or our Services, you need to download our APP client. With regard to the use of the APP, you are required to abide by the terms of the Agreement, and we authorize you with a limited, personal, non-transferable and non-exclusive license, which means that you can only use our products or services for the purpose of accessing or using our products or our Services.
1.4.2 Upon we cease to provide the APP, the Agreement and the rights set forth herein shall terminate immediately. The Disclaimer of Warranties and Liabilities in the Agreement shall survive the termination thereof.
1.4.3 The APP clients in our products or our Services include but are not limited to iOS, Android and other application versions. You need to choose the applicable version that supports installed terminal devices.
1.5 Charges
The services we provide include free services and paid services. For services that need to be charged, we will give you clear reminders before performing them. Only those who have completed the payment according to such reminders can enjoy these charged services. The payment is deemed completed upon receiving the confirmation notice of “Payment Completed” generated by the bank or third-party payment platform.
1.6 (If applicable) When you agree to register as our user, you must understand and abide by the following:
1.6.1 You shall ensure that the email account provided is accurate. We shall not be liable for any risk or legal liability or adverse legal consequences arising from any error in the information you provide.
1.6.2 You are obliged to keep your account number and password properly, and use them correctly and safely in strict accordance with the Agreement. You shall not transfer or lend your account or password to others. Once you discover that your account is illegally used by others, you shall inform us immediately. If any of your civil rights or those of others are damaged due to the loss of password or account number theft attributed to you, you shall bear the corresponding liabilities and we shall not be legally liable.
1.6.3 After you register as our user, if you need to modify or change any personal identification information provided, you are required to inform us as agreed in the Agreement. We may need to verify your identity before providing you with such modification or change services.
1.7 When you are enjoying our Services, you shall not use our Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement.
Part II Protection of Your Personal Data
2.1 To provide our Services to you, we need to process your personal data. We will only process personal data required for any specific, explicit and lawful purposes.
It is important for you to know that your personal data processed while using our Services may be accessed by the Hotel who, in itscapacity as separate data controller, may use such data for purposes other than those determined below. We will not be liable for such personal data processing or for the performance by the Hotel of their duties. This section solely applies to the processing of personal data by us.
2.1.1 Your email account (if applicable). We prosess your email account to create an APP account for you, store and identify your personal data under this account, and send you sleep reports, snoring intervention clocks and other important information. We can send you marketing information directly related to our Services. Processing of such personal data is legally based on the Agreement between you and us and your consent or legitimate interest to offer similar services.
2.1.2 Your heart rate, respiratory rate, body movements, waking hours, duration of light sleep, duration of deep sleep, sleep latency, time to wake up, stop snoring time point, sleep score. We use such data to generate sleep reports. Such personal data processing is based on your express authorization. You can stop uploading data by turning off the personal data switch on the APP, and no sleep report will be generated after turning off.
2.1.3 Your snoring level, snoring intensity, number of snoring fretting, whether to trigger anti-snoring action, and the way to trigger anti-snoring action. We process such data to provide more accurate snoring intervention services. Such personal data processing is based on your express authorization. You can stop the upload of your personal data by turning off the personal data switch on the APP. You are allowed to use the snoring intervention function after turning off the data switch, but we can no longer be able to carry out calibration of execution of snoring interventions or troubleshooting.
2.1.4 Check-in Information. It includes check-in time, check-out time, room number, Verification Code, and login status of APP terminal. We process these data in order to associate you with the hotel room you checked in. Processing of such personal data is legally based on the Agreement between you and us.
2.1.5 Device Information. It includes basic information such as types of operating systems and other identification devices. We process such information to provide you with services applicable to the Agreement. Processing of such personal data is legally based on the Agreement between you and us.
2.1.6 Information Related to Use of Applications. It includes basic information of applications, such as application list, application ID, software development kit version (hereinafter collectively referred to as “SDK Version”), system update settings, application settings (region, language, time zone and font) and application status records (for example, download, installation, update and deletion). We collect such information to ensure that the services you enjoy can function well. Processing of such personal data is legally based on the Agreement between you and us.
In order to ensure the stable operation and normal work of the APP, and enable you to enjoy more services and functions, we may embed SDKs or other similar applications of third parties that cooperate with us in the APP. The third-party SDK we use are as follows:
1. Facebook SDK
Operator: Meta Platforms, Inc.,
Function: Sleep report sharing
Types of personal data collected:operations and information provided by you and others, equipment information and information from partners.
See Privacy Policy for details with the following links: https://www.facebook.com/about/privacy;
2. Firebase SDK
Operated by: Google LLC.
Function: For data analysis and App Crash positioning
Types of personal data collected:your application, device information, your activities (message information) and your location information.
See Privacy Policy for details with the following links: https://policies.google.com/u/1/privacy .
2.1.7 Location Information. We collect your location information to confirm the location of the hotel and select a proper server to facilitate the provision of normal services. Such personal data processing is subject to your express authorization when you first connect to the APP. You can choose restrict the APP’s access to location information at any time in device settings, and if you don’t agree with us to process your location information, you may not be able to use our Services.
2.1.8 Log Information Related to Use of Applications Information related to use of certain features, applications and websites of our Services. For example, anonymous identification technology such as cookies, Internet Protocol (IP) address, network request information, standard system log, crash information, log information generated when using (such as time information on registration, temporary account creation, access, activities etc.). We use such information to provide customer services and product support services, handle problems or requests related to equipment and services, improve services and monitor the quality and types of customer services and product support services. Processing of such personal data is legally based on the Agreement between you and us.
2.2 How we process personal data
The purpose of processing personal data is to provide you with our Services, develop new services and ensure that we comply with any and all applicable laws, regulations and other regulatory requirements. It involves:
2.2.1 Providing, processing, maintaining, improving our Services and developing new services, such as delivery, activation, verification, aftersales services and customer supports.
2.2.2 Promoting our products and/or services with your informed knowledge and authorisation has been granted to us when applicable.
2.2.3 Implementing and maintaining security measures to prevent any losses or frauds, such as assisting in identifying users and verifying their identity. We will only use your information for anti-fraud purposes if both of the following conditions are met: (i). it is necessary to do so; and (ii). the data used for evaluation is consistent with our legitimate interests in protecting users and providing services.
2.2.4 Handling your questions or requests on equipment and services, such as answering your inquiries, sending system and application notifications, and managing your activities.
2.2.5 For internal purposes, such as data analysis, research and development of statistical data related to the use of our Services to improve our Services. For example, machine learning or model algorithm training after anonymization.
2.2.6 Storing and maintaining information relating to you for our business operations (e.g. business statistics) or to fulfill our legal obligations.
2.2.7 Deleting data in accordance with our data protection policies and upon your requests.
2.2.8 For other purposes with your consent.
2.2.9 The following are more detailed examples of how we may use your information (which may include personal data):
(1) To activate and register our products or services purchased by you.
(2) To create and maintain your account. To use personal data collected when creating accounts through mobile devices to create personal accounts and configurate pages for you.
(3) Providing Services Generating sleep reports and providing you with sleep assistances by processing personal data, which may include personal health data provided by you and detected by our products. Meanwhile, providing additional services such as health consultation according to agreements between you and the hotel (which may include sleep analysis reports issued by a professional doctor hired by the hotel).
(4) (If applicable) Verifying user’s identity. Avoiding any unauthorized logins.
(5) Collecting user’s feedback. Any feedback you give is of great value to help us improve our service. To follow up your feedback, we may use your personal data to communicate with you, and keep records of such communication for solving problems and improving services.
(6) Sending Notices We may use your personal data from time to time to send important notices, such as notices about purchases and changes to our terms, conditions and policies. As this information is vital to your communication with us, you are advised not reject such information.
2.2.10 How we use cookies and other technologies
Log Files: similar to most websites and applications, we collect certain information and store it in log files. Such information may include the Internet Protocol (IP) address, browser type, Internet service provider (ISP), reference/exit page, operating system, date/time stamp and/or click stream data. We do not link automatically collected data to the personal data we collect about you.
We will treat such information collected by cookies and other technologies as non-personal data if it does not constitute information directly or indirectly identifying any individual. Where Internet Protocol (IP) addresses or similar identifiers directly or indirectly identify any individual we treat such information as personal data and will process them according to Agreement, GDPR and other applicable laws.
2.3 How we transmit, transfer and disclose personal data
We undertake not to provide, sell or rent to, share or trade with, or otherwise transfer or provide any personal data to any unrelated third party, unless with prior consent from you or the third party who is providing services to you independently or jointly with us. Any third party will be prohibited from accessing any or all of your personal data. We will also prevent any third party from collecting, compiling, selling or freely distributing your personal data in any way.
2.3.1 Data transfer
We may transfer your personal data to third parties time from time (but only as described below) in order to provide or improve our products or services. If you no longer wish us to share the following data, please contact our EU representative.
(1) Transfers of data to any third-party service providers and business partners
In order to facilitate us to provide you with the services described herein, with the approval of the Data Protection Officer, we can transmit your personal data to our third-party service providers when necessary, on the premise of fully meeting the requirements of GDPR and other applicable personal data protection laws.
Please note that once you turn on the data switch, your sleep reports(including the content of 2.1.2 and 2.1.3)will be shared with the hotel that you checked in.
We will store, access and manage your personal data through the cloud storage service provided by Amazon Web Services (hereinafter referred to as AWS) located in Europe.
In order to enable you to enjoy additional services, such as sleep report analysis by professional doctor hired by the hotel and health consultation, we will transmit your personal data to the hotel checked in, provided that it fully complies with GDPR and other applicable personal data protection laws.
2.3.2 Data migration
We will not transfer your information to any subject except in the following cases.
(1) Where the transfer has been voluntarily requested;
(2) Where we have obtained your explicit consent; or
(3) If we are involved in a merger, acquisition or sale of all or part of our assets, we will notify you of any changes to any your personal data by email and/or by posting a prominent notice on our website.
2.3.3 Disclosure
We may need to disclose your personal data as required by law, legal process, litigation and/or government agencies. If such disclosure is necessary or appropriate for national security, law enforcement or other important public matters, we can also disclose information about you in strict accordance with requirements and procedures of applicable laws.
To implement our rules and regulations, to protect our business, rights, assets, products or users, or if disclosure is reasonably necessary under the following circumstances, we can also disclose information about you: fraud detection, prevention and solving, unauthorized use of products, violation of our terms or policies or other harmful or illegal activities. We may collect, use or disclose your personal data without your consent, subject to the conditions expressly permitted by applicable data protection laws. This may include providing your personal data to government agencies; communicating with third party partners about the reliability of your account in order to prevent fraud, breaches and other harmful behaviors.
In addition, we may share your personal data with the following subjects:
(1) Our accountants, auditors, attorneys or similar advisors when we seeking professional advices from them.
(2) Investors and other relevant third parties in connection with actual or potential sales or other corporate transactions related to our entities; and
(3) Specific disclosures based on any other third parties authorized by you.
2.4 Your right to control personal data
2.4.1 Control settings
We provide you with the following ways to restrict our collection, use, disclosure or processing of your personal data:
(1) Log in and out of your account.
(2) Turn on or off the App’s data switch.
(3) (If applicable) Unsubscribe your account. Special Note: If you unsubscribe your account, you will permanently and irrecoverably lose all the data stored in your account.
Please feel free to tell us your thoughts by writing to or emailing our EU representative. 2.4.2 Your rights with respect to personal data
According to the laws and regulations applicable to your country or region, including GDPR, you have the right to control our processing of your personal data, including accessing, correcting, deleting personal data, restricting the processing of personal data, withdrawing authorization of personal data and unsubscribing the account on the APP. You may exercise any of your rights independently. If you have any questions or difficulties in exercising your rights, please contact our EU representative.
According to the Agreement, your request must meet the applicable laws and regulations as well as the following conditions:
(1) Your request shall be in writing or by email (unless local law expressly recognizes oral requests).
(2) Sufficient information is provided to enable us to verify your identity and to ensure that the applicant is the subject of the requested information or a legal representative.
(3) Once we have obtained sufficient information to confirm that your request can be processed, we will respond to your request within the time period specified in the applicable data protection law.
a. Right of access
You have the right to access or review your personal data that we processed. You have the right to request a copy of your personal data. However, we may charge you a fee based on increased administrative costs. Registered users may download sleep reports, but as multiple downloads will increase our administrative costs, you are allowed to download it once a month.
b. Right of correction
You have the right to correct your personal data in person or by the staff of the hotel you checked in. To help you exercise this right, we offer you three ways to do so, namely, online self-correction or asking us to correct it on your behalf:
(1) You may choose to correct some of your personal data directly on the App.
(2) If you find the user name displayed on the APP is incorrect, you may ask us or the staff of the hotel you checked in to correct it.
(3) If you encounter any difficulties in exercising such right, or online self-correction is not authorized or available, you may ask us to correct it.
c. Right to delete
You have the right to request the deletion of all or part of your personal data, as stipulated in applicable laws. We will consider reasons for your request for deletion and take reasonable measures, including technical measures.
d. (If applicable) Right to migration
You have the right of transfer if the processing of the data is carried out by automated means and we have acquired the data on the basis of your express consent or mutual agreement. If you choose to exercise this right, we will transfer a copy of your personal data to another data controller upon your request.
e. Withdrawal of authorization (consent)
If you have given us your authorization (consent) to process your personal data, it may be withdrawn by you at any time. If you intend to change the scope of permissions associated with certain functions, you may modify your personal settings via the application or on the relevant settings interface included in our products and/or services. Alternatively, you can withdraw all authorizations by unsubscribing your account. If you encounter any difficulties in this regard, please contact our EU representative.
When you withdraw your authorization (consent) relating to the processing of personal data, we will no longer collect your personal data and you will not receive the corresponding services from us. However, you acknowledge and agree that the withdrawal of your consent or authorization will not affect the validity of our processing and storage carried out on the basis of consent up to the occurrence of such withdrawal, unless you exercise your “right to delete” as described above.
f. (Where applicable) Right to unsubscribe your account
You have the right to unsubscribe your account, but please do so carefully. After the account is unsubscribed, we will no longer provide you with all our products and services, delete or anonymize all information, data and records generated by your use of our products and services, unless otherwise stipulated in applicable laws or regulations.
g. Restrictions on the processing of your personal data
You have the right to restrict us from processing your personal data. We will consider your requests for such restrictions. If reasons for such restrictions are applicable to GDPR, we will only process your personal data as applicable in the General Data Protection Regulation (GDPR), and inform you before canceling such restrictions.
h. Right of refusal
Based on applicable laws, you have the right to refuse us to process your personal data under certain circumstances.
2.5 Your right to complain
If you consider that our processing of your personal data does not comply with any applicable laws, you have the right to bring complaints to the competent supervisory authority. You can lodge a complaint with the data protection agency of your country or the Lithuanian national data protection supervisory authority - State Data Protection Inspectorate (www.vdai.lrv.lt).
2.6 How we store and protect personal data
We are always committed to keeping your personal data secure. In order to prevent your information from being leaked, destroyed, abused, unauthorized access, unauthorized disclosure or modification, we have formulated corresponding rules and regulations and adopted corresponding measures, including multi-level protection measures including technical security measures, support organizations and management systems.
2.6.1 Security measures
To create a secure environment for the processing of personal data and to ensure the privacy and integrity of data processed, we apply transport layer security protocols and other encryption technologies to prevent our transmission paths from being sniffed, eavesdropped and intercepted in various ways such as Https.
All of your personal data will be stored on secure servers and protected in controlled facilities. We classify your personal data according to its importance and sensitivity so as to ensure all personal data are provided with required level of security. We provide special access control measures for cloud-based data storage, and regularly review our information collection, storage and processing, including physical security measures, to prevent any unauthorized access and use.
We will conduct due diligence on business partners and third-party service providers to ensure that they are protecting your personal data. We will also check whether these third parties are maintaining appropriate safety standards and implementing appropriate contract restrictions, or have carried out audit or evaluation when necessary. In addition, employees of us, our business partners and third-party service providers who may have access to your personal data must abide by the enforceable contractual confidentiality obligation.
We will conduct trainings on security and personal data protection courses and assessments to raise employees’ awareness of the importance of personal data protection. We will take all feasible and lawful measures to safeguard your personal data.
In the unfortunate event of personal data security incidents, we will immediately notify the relevant data protection supervision agencies, and if applicable, notify the data subject, and handle such incidents in accordance with applicable data protection laws.
In case you become aware of any leakage of your personal data, please contact our EU representative immediately. We will take countermeasures to safeguard the privacy of your personal data.
2.6.2 Storage policy
(1) We only store personal data for necessary purposes, that is, to provide specific products or services under the Agreement and to ensure that such services comply with relevant laws and regulations.
(2) The longest storage period of personal data of Bluetooth box in bed is ten days, the longest storage period of unprocessed original personal data in AWS is seven days, the longest storage period of sleep report in AWS is 30 days, and the longest storage period of personal data other than sleep reports, such as hotel check-in information, is permanent. Upon processing is completed, confirming your deletion request or terminating the corresponding products or services, we will stop storing and delete personal data or anonymize such personal data. Except for personal data processing for public interest, scientific, historical research or statistical purposes or according to binding laws of EU or member states.
2.7 Protection of minors
We consider parents or guardians are liable to monitor children’s use of our products or services. However, we do not directly provide services/products or use children’s personal data. We shall take appropriate measures to ensure children’s personal data is not processed. If we discover any personal data has been collected from a child, we will immediately delete such personal data.
If you are a parent or guardian, and you have discovered that any minors have provided us with personal data, please contact our EU representative to ensure that such personal data is immediately deleted and that any applicable services subscribed by minors are cancelled.
Part III Products and Services of the Third Party
3.1 In order to guarantee your legitimate rights and interests, when using the downloaded third-party products or services, please be sure to carefully read the relevant user agreements of the third-party applications. Any behavior you use the third-party applications has nothing to do with us, and we are not liable for any controversies or disputes therefrom.
3.2 When you use our Services or ask us to provide specific services, you understand and agree that the software may call a third-party system or support your use or access through a third party, and the results of use or access will be provided by the third party.
3.3 You shall judge resources such as mobile phone applications in our products or services at your own discretion, and bear all risks caused by using related resources. We cannot and will not be liable for any loss or damage arising from the foregoing risks.
Part IV Export Controls
You agree not to export any part of this application or any derivative products thereof provided to you from any location, unless necessary license and approval under applicable export laws, rules and regulations are obtained.
Part V Indemnification
You agree to defend, indemnify and hold us and our affiliates harmless from and against any liability, loss, damage (including any damage resulting in death or injury), demand, suit, cost, expense or claim (including, without limitation, attorneys’ fees) of any kind or nature whatsoever arising out of or in connection with your use or possession of the APP.
Part VI Disclaimer of Warranties
We and our affiliates make no warranties, express or implied, as to quality, performance, merchantability, fitness for a special purpose, or non-infringement. Any oral or written advice or information we provide does not constitute any guarantee, and you have no right to rely on any such advice or information. These disclaimer of warranties are primary conditions of the Agreement. However, some states, regions and countries do not allow the exclusion of certain warranties, so the foregoing exclusion may not applicable to you.
Part VII Copyright Policy
7.1 Any text, images, graphics, audio and/or video materials in the software or services we provide are protected by copyright, trademark and/or other property ownership laws, and none of the foregoing may be published, broadcast, rewritten or redistributed for broadcast or distribution purposes, directly or indirectly, in any medium, or used for any other commercial purpose, without the consent of the relevant rights holder.
7.2 All rights in the software (including, but not limited to, any text, images, graphics, audio and/or video materials in the Software) provided by us belong to the copyright owner of the software and you may not reverse engineer, decompile or disassemble the software without the permission of the copyright owner.
Part VIII Miscellaneous Clauses
8.1 We solemnly remind you to pay attention to the clauses in the Agreement that exempt us from liability and limit your rights. Please read carefully and consider risks at your discretion. Minors shall read the Agreement in the presence of a legal guardian.
8.2 The validity, interpretation and dispute resolution of the Agreement shall be governed by Chinese laws. If any dispute or controversy arises between you and us, it shall first be settled through friendly negotiation, and if negotiation fails, you agree to submit the dispute or controversy to a court with jurisdiction in our domicile.
8.3 If any provision of the Agreement is invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.