APEX GDPR GROUP POLICY

1 Introduction

APEX Group, referring to Apex Medical Corp. and our affiliates and subsidiaries (collectively, “APEX” or “we”), may collect, access, and make use of a variety of data regarding identifiable individuals, including:

• Current, past and prospective employees
• Customers
• Users of its websites
• Subscribers

In order to ensure that all collected data of individuals are used fairly, stored safely and securely, and not disclosed to any third party unlawfully, APEX undertakes this Data Protection Group Policy to ensure their compliance with the General Data Protection Regulation (GDPR). These policies apply to all systems, people and processes of APEX, including its board members, directors, and employees. Suppliers and other third parties, who may have access to APEX’s systems, have made representation of its compliance with GDPR.

2 Data Protection Policy

2.1 The General Data Protection Regulation

APEX’s committed to comply with the GDPR and other relevant legislation is clear and demonstrable at all times.

2.2 Definitions

All definitions used herein are in compliance with those specified in the GDPR.

2.3 Principles Relating to Processing of Personal Data

The GDPR has identified the following fundamental principles on the protection of Personal Data: 1. Personal data shall be:

• (a) processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
• (b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
• (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
• (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
• (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’);
• (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’). APEX will ensure its compliance with all aforementioned principles in both its current processes and new processes, such as a new IT system.

2.4 Rights of the Individual

The data subject’s rights under the GDPR include:

• 1. The right to be informed
• 2. The right of access
• 3. The right to rectification
• 4. The right to erasure
• 5. The right to restrict processing
• 6. The right to data portability
• 7. The right to object
• 8. Rights in relation to automated decision making and profiling.

Each of these user rights are supported by appropriate measures within APEX to allow responses to be made within a reasonable time.

2.5 Lawfulness of Processing

An Individual’s personal data may be lawfully collected and processed under the GDPR in accordance with any of the following six methods described below. It is APEX’s policy to identify the appropriate basis for data collection and process such data, in accordance with the GDPR. 2.5.1 Consent Unless data collection is necessary for reasons allowable under the GDPR, APEX will always obtain explicit consent from the data subject to collect and process their data. In case of children below the age of 16 (a lower age may be allowable in specific regulations of the EU member states) parental consent will be obtained. Transparent information about our usage of personal data will be provided to the data subjects at the time of the consent is obtained and their rights with regard to their data explained, such as the right to withdraw consent. This information will be provided in an accessible format, written in clear language and free of charge. If personal data are not obtained directly from the data subject, such information will be provided to the data subject within a reasonable time after the data are obtained, but will not exceed one month. 2.5.2 Performance of a Contract Personal information may be collected and processed in accordance with the GDPR in the event that such collection and processing is necessary to fulfil a contract with the data subject. This will often be the case where contract obligations cannot be completed without the personal data in question e.g. a delivery cannot be made without providing a delivery address. 2.5.3 Legal Obligation Personal information may be collected and processed in accordance with the GDPR in the event that such collection and processing is required in order to comply with relevant laws. This may be the case, for example, for data related to employment, taxation and for many areas addressed by the public sector. 2.5.4 Vital Interests of the Data Subject Under the GDPR, personal data may be lawfully processed in the event that the processing of such personal data is required to protect the vital interests of the data subject or of another natural person. APEX will document relevant information to support its lawful processing of personal data. As an example, instances that may be applicable to social care, particularly in the public sector. 2.5.5 Task Carried Out in the Public Interest Personal information may be collected and processed in accordance with the GDPR under certain circumstances where APEX is required to perform a task that it believes is in the public interest or as part of an official duty. The assessment of the public interest or official duty will be documented and made available as evidence where required. 2.5.6 Legitimate Interests If the processing of specific personal data is in the legitimate interests of APEX and is determined not to override the rights and freedoms of the data subject, such interests may be defined as the lawful reason for the processing. Again, the reasoning behind this determination will be documented.

2.6 Privacy by Design

APEX has adopted the principle of privacy by design and will ensure that the planning and implementation of all new, or significantly changed, systems that collect or process personal data will be subject to due consideration of privacy issues and necessary safeguards, including the completion of one or more data protection impact assessments. The data protection impact assessment will include:

• Consideration of how personal data will be processed and for what purposes
• Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
• Assessment of the risks to individuals in processing the personal data
• What controls are necessary to address the identified risks and demonstrate compliance with legislation

Use of techniques such as data minimization and pseudonymisation will be considered where applicable and appropriate.

2.7 Contracts Involving the Processing of Personal Data

APEX will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes specific information and terms required by the GDPR.

2.8 International Transfers of Personal Data

Transfers of personal data outside the European Union are made with safeguards such as encryption or pseudonymisation to ensure that it complies with the GDPR. This depends partly on the European Commission’s judgement as to the adequacy of the safeguards for personal data applicable in the receiving country, which may change over time. Intra-group international data transfers may be subject to legally binding agreements referred to as Binding Corporate Rules (BCR) which provide enforceable rights for data subjects.

2.9 Breach Notification

APEX will report all personal data breach to relevant supervisory authority within 72 hours of becoming aware of the breach, as feasible. If such breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, APEX will also inform those individuals without undue delay.

2.10 Data Protection Officer

For help or advice on any matter relating to data protection or freedom of information, please do not hesitate to contact our Data Protection Officer (DPO): Ned Tseng, Legal department of APEX Medical Corp.,
e-mail:ned.tseng@apexmedicalcorp.com.

Privacy Policy of APEX Sleepwell Track

 

Last Updated: September 9^th, 2020

 

Introduction

APEX Group, referring to APEX Medical Corp. and our affiliates and subsidiaries (collectively, “APEX” or “we”), respects your privacy and is committed in protecting your personal and medical information. APEX may collect, process, make use and maintain the information you provide to us through your use of APEX’s web services, apps and internet-connected products (the “Service”). This Privacy Policy tells you the basic information about personal information you provide to us.

 

Information Collection

When you use our Service, we may collect and use the information to improve our products and our services to you. We will only collect, process and maintain your personal information where a lawful basis exists, which may fall under one of the following:

• You have given explicit consent to the collection, process, use maintenance of your personal information.
• Collection, processing and use is necessary for the performance of a contract to which you are a party.
• Collection, processing and use is necessary for compliance with a legal obligation of APEX.
• Personal data may be lawfully processed in the event that the processing is required to protect your vital interest or carried out in the public interest.
• Collection, processing and use is necessary for the purpose of the legitimate interest pursued by us, which does not conflict with any of your fundamental rights and the protection of your personal information.

We may supplement the information described above with information we obtained from other sources, including from both online and offline data providers, which we treat as protected personal information. You may also manage your privacy settings through your internet browser. We will not knowingly collect personal information from any person under the age of 18 or has no legal capacity. Such persons using APEX’s Services are required to provide explicit consent to this Privacy Policy from the user’s parents or legal guardians.

 

Types of Information We Collect

APEX only collects personal information about you directly from your input and through automated technologies.

 

Data you provide to us:

• Personal Identifiable Information: includes name, username, title, address, profession and contact information;
• Medical Information: includes medical history, medication and prescriptions, usage of medical devices, prior accidents, preconditions, records of treatment and your history with APEX;
• Technical Data: includes internet protocol (IP) address, login and password information, information about your usage of our Service, and information about your device used to access our Service;
• Marketing Data: includes your preference in receiving marketing information from us;
• Content Data: includes any content or information which you uploaded into our Service; and/or
• Aggregated Data: includes statistical and demographic data, which may be derived from your Personal Identifiable Information and Technical Data.

 

Data through automated technologies:

We may collect information about you through technologies automatically which includes cookies. You may configure the Cookie Settings or your browser to block or allow cookies. Please note that if you block cookies, some functions might be affected and our Service might not perform well.

 

The following is a detailed information and list of the cookies that we might use on our Service:

Strictly Necessary Cookies

Strictly necessary cookies are necessary for the basic functional performance and cannot be switched off on our website Cookie Settings or other settings for cookies on our Service. They are set in response to actions made by you when you make a request for services, such as setting your privacy preferences, logging in or filling in forms. Without them, our website, web services or apps cannot function properly when you are browsing.

Cookies used such as:

• NET_SessionId
• .ASPXAUTH
• RequestVerificationToken

 

Functionality Cookies

Our Service may use this kind of cookies to remember your preferences and settings in order to provide you with personalized user experiences.

 

How We Use Your Personal Information

APEX will only use your personal information in accordance with relevant privacy laws and regulations. We use the information collected to help better understand and improve your experience with APEX’s products and services. For example, we may:

• Use your information to help you complete a process or transaction, account registration, to communicate with you, to deliver products and services to you and to provide ongoing support;
• Use your information to contact you for marketing purpose, such as delivering advertisements, promotional messages, notices and other information related to the Service and your interests;
• Use your information for quality assurances purposes;
• Analyze and compile statistics from the information collected to study and improve our services or develop new services; and/or
• Improve our products and services to you by transferring your information to our other affiliates, facilities, trusted third-party processors and service providers, which may be located outside the European Economic Area. The transfer of information will be protected and in accordance with applicable privacy protection laws, including the implementation of safeguards such as encryption or pseudonymisation of your information.

We will maintain your Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond your use of medical products and services provided by APEX.

 

User’s Rights

With respect to your personal information collected and maintained by APEX, you may request to:

• Stop or opt-out from any consent for us to collect, process and use part or all of your information;
• Access or export your information;
• Correct or update any inaccuracies in your information;
• Delete your personal information; or
• Object to our reliance on our legitimate interests as the basis of our processing of your personal information that may impact your rights.

We will comply with your request and instructions in a timely manner. You have the right not to provide your information to APEX. In such a case, the Service may be limited or prohibited because certain information may be necessary for it to function properly. 

 

Sharing Your Information

APEX will not rent or sell your personal information to third parties. We may share your information within our group for the purpose of information collected. We may also share your information to third parties as our contractors. These third parties may have limited access to personal information solely for the purpose of support APEX in providing you with quality products and services. We will ensure that all relationships APEX enters into that involve the processing of your personal information are subject to documented contract or any similar document that includes protections required by relevant privacy laws.

 

International Transfers

We may transfer your personal information within APEX and some facilities or affiliates may be located outside the European Economic Area. We have made safeguards such as encryption or pseudonymisation to ensure that the transfer complies with relevant privacy laws.

 

Changes to Privacy Notice

We will review and update this Privacy Policy from time to time. Your privacy rights under this Privacy Policy will not be reduced without prior notice and explicit consent from you. If we make any substantial changes to this Privacy Policy, we will make that information available by posting a notice. We encourage you to review this Privacy Policy frequently.

 

Security

We use reasonable commercial efforts to secure the privacy during the collection, process, use and maintenance of your information. We have implemented procedures to safeguard your information. You are also responsible for protecting the security of your own information and maintaining the security of any computer or devices on which you utilize the Service. If we learn of any security breach, we may notify you electronically so that you can take appropriate measure.

 

Questions, Suggestions or Requests

For any questions, suggestions or requests about this Privacy Policy or our Terms of Service, please contact any affiliates of APEX Group. You can find the contact information on our official website: https://www.apexmedicalcorp.com/.
For help or advice on any matter relating to data protection or freedom of information, please do not hesitate to contact our Data Protection Officer (DPO): Ned Tseng, Legal department of Apex Medical Corp.,
e-mail: ned.tseng@apexmedicalcorp.com.

 

 

 

 

Terms of Service of APEX Sleepwell Track

 

Last Updated: September 3^rd, 2020

 

At APEX Group, referring to APEX Medical Corp. and our affiliates and subsidiaries (collectively, “APEX” or “we”), we strive to provide everyone with the highest quality of healthcare. Please review these terms of service (“Terms of Service”) carefully as it governs your access and use of APEX’s Sleepwell Track service, including website, software, application and related services (“Service”). By accessing the Service and selecting to opt-in, you are agreeing to this Terms of Service. In addition, when using particular products or services owned or operated by APEX, you will be subject to any posted guidelines or rules. All such guidelines and rules are hereby incorporated by reference into this Terms of Service.

 

Intended Users

The Service are available to members of APEX and users who are at least 18 years of age. Any users under the age of 18 (a “Child”) or has no legal capacity are required to provide to APEX explicit consent to this Terms of Service and Privacy Policy from such user’s parents or legal guardians. We will not knowingly collect personal information from any Child. Similarly, if you discover that your Child has been using the Service without your consent, please contact us immediately and we will take reasonable steps to delete the Child’s information. You may not provide your access information or the access information of a Child for the benefit of a third party. You shall (i) ensure that any and all information you submit is truthful and accurate, (ii) maintain the accuracy of such information at all times, (iii) not violate any applicable laws or regulations in connection with your use of the Service.

 

Not Medical Service or Advice

You acknowledge and agree that the Service is not intended to provide medical service or advice, diagnose any disease or conditions, cure, treat, or prevent any disease or conditions. Please contact your hospital or healthcare provider for all medical assistance and treatments. The Service is provided only for the convenience of self-monitoring and evaluation of possible symptoms using information collected through products and services provided by APEX. You shall exercise reasonable care when using the Service, APEX will not be responsible for any error in your interpretation of any information provided by the Service.

 

Your Account

To access and use the Service, you might need to complete the account registration process by providing us with current, complete and accurate information. You are responsible for your account or the account of your Child to (i) maintain the confidentiality of the account information and password; (ii) any and all activities that occur under the account; and (iii) updating the account information to maintain its accuracy. You should notify us immediately of any known or suspected unauthorized use of your account or breach of security.

 

Privacy, Collection and Transmission of Information

Please review our Privacy Policy to understand how we can make your user experience better by using certain personal information we collect on the products and services provided by APEX. By using the Service and selecting to opt-in and agree to our Privacy Policy, you agree that APEX can use your information in accordance with our Privacy Policy.

 

User’s Responsibilities and Restrictions

You must follow all applicable laws and regulations, including export and re-export control laws, and any policies made available to you as part of the Service.

 

You acknowledge and agree not to misuse the Service in any of the following ways: (i) intercept or observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other devices; (ii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, Trojan horse, or any other code that is designed to provide a means of unauthorized access to, or distort, delete, damage or disassemble, the Service or other products or services provided by APEX; (iii) reverse engineer any portion of the Service; (iv) access the Service to build a competitive product or service; (v) commit to trespass or act in a manner that intentionally burdens the Service; and (vi) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of APEX and any other party. You must use reasonable efforts to prevent any unauthorized access to or use of the Service and promptly notify APEX of any such unauthorized access or use. 

 

As part of your use of the Service, you may receive access to additional data, content, software or applications subject to separate terms. The Service may display certain content that did not originate from APEX and we reserve the right to suspend or terminate such content that originated from third-party entities.

 

This Terms of Service controls the relationship between you and APEX and does not create any third-party beneficiary rights. A failure by APEX to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not be constitute a waiver of that or any other right or remedy. If any provision of this Terms of Service is held to be invalid or unenforceable by a competent court, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties and the remaining provisions of these terms will remain in force.

 

License Grant

APEX grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Service subject to this Terms of Service. This license is only for your personal and non-commercial use. You may not (i) distribute or make the Service available for use by others on multiple devices simultaneously; (ii) copy, modify, decompile, reverse engineer, disassemble, attempt to derive the source code; or (iii) circumvent, disable, or otherwise interfere with security-related features of the Service.

 

Ownership of Intellectual Property

The Service are licensed and not sold to you. All materials provided as part of the Service and by APEX, including but not limited to data, content, images, graphics, videos, design, data and all other materials contained within are provided by APEX or its authorized party and are protected by all relevant intellectual property laws. Trademarks, service marks, trade names, logos and copyrights within the Service are trademarks and copyrights of APEX or its affiliates.

 

You may be provided with an opportunity to submit your feedback regarding the use of the Service or APEX’s products and services. You hereby grant APEX a nonexclusive, worldwide, perpetual, irrevocable, unlimited, fully paid-up, transferable, assignable and sub licensable license and right to use the feedback which you have provided in any manner for all purposes, without providing prior notice to you or obtaining prior consent.

 

Software Updates

Service may be updated automatically from time to time. These updates are designed to improve our products and services to you, which may include bug fixes, enhanced functions and new software.

 

Consent to Receive Notifications

Our Service may have features that send messages or notifications to you, such as reminders or alerts for your use of APEX’s products and services. You agree to receive such messages and notification in association with your use of the Service.

 

Suspension and Termination

We reserve the right to change, suspend, remove, disable or terminate your access to the Service at any time without prior notice and without liability or responsibility to you. Any suspension or termination shall not affect your obligations under this Terms of Service, which are intended to survive the suspension or termination of any Service, in part or in whole, to you.

 

Warranties and Disclaimers

APEX and its affiliates do not make any specific promises about the service or APEX’s other products or services, including but not limited to, the content, specific functions of the Service, or its reliability, availability, or ability to meet your needs. APEX provides the service “as is” and hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including fitness for a particular purpose, title and non-infringement.

 

Limitation of Liability

In no event shall APEX be liable for any personal injury or lost profits, revenues, financial losses or indirect, special, consequential, exemplary, or punitive damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials, however it arises, whether in an action of contract, negligence or other tortious actionS, arising out of or in connection with the use or performance of information available from the Service or other APEX’s products and services.

 

APEX shall not be liable to you in connection with these terms or the service.

 

Indemnity

You agree to indemnify, defend and hold harmless APEX, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, liabilities, damages, losses, costs, expenses and fees (including attorneys’ fees) arising from or related to your use of the Service or violation of this Terms of Service. If you are using this Service on behalf of another person, such as your Child, you agree such person accepts this Terms of Service.

 

Third Party Limitations

The Service may enable access to other services, websites or products provided by third parties (“Third Party Content”). APEX does not control Third Party Content and it is provided solely as a convenience to you. You acknowledge and agree that APEX is not responsible for examining or evaluating the content, accuracy, completeness, validity, legality, security, copyright, quality or any other aspect of such Third Party Content. APEX disclaims all express and implied warranties regarding third party Content and does not assume any liability or responsibility to you or any other person for any third party content.

 

Severability

If any provision in this Terms of Service is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and remaining provisions of this Terms of Service shall remain in effect.

 

Changes to Terms

We may update this Terms of Service from time to time and any changes will be notified to you when you access the Service. The then current terms will apply. Please stop using the Service if you do not accept the then current terms. We encourage you to periodically review this Terms of Service.

 

Dispute Resolution

The Terms, and your relationship with APEX under the Terms, shall be governed by Taiwan (Republic of China) law. You and APEX agree to submit to the exclusive jurisdiction of the Taiwan New Taipei District Court to resolve any legal matter arising from the Terms.