Apneo privacy policy
Privacy Policy
Effective as of December 11th, 2024

Your privacy is important to us, and we are strongly committed to making our practices regarding your personal data more transparent and fairer. This Privacy Policy describes how we – Vectormedia Soft Pty Ltd D/B/A Ajarus (hereinafter referred to as – “Ajarus”, “we”, “our” or “us”) collect, store, use and disclose personal data regarding individuals (“you”) who: (i) visit our website (“Visitors”), available at https://www.apneo.com (“Site”); (ii) use Apneo mobile app (“Service”), whether as an end user or as an administrator (“Admin”).

Specifically, this Privacy Policy describes our practices regarding –
1. Data Collection
2. Data Uses
3. Data Location and Retention
4. Data Sharing
5. Cookies and Tracking Technologies
6. Communications
7. Data Security
8. Data Subject Rights
9. Data Controller/Processor
10. Additional Notices
Please read this Privacy Policy carefully and make sure that you fully understand and agree to it.
Ajarus and all associated Services and systems, including registration, are hosted on servers that may be located in countries outside of Australia. If you are located in Australia, please be aware that any information we collect (including cookies and device data) may be processed and stored outside of Australia, in jurisdictions where data protection and privacy laws may not offer the same level of protection as those in Australia. By using our Services and providing information to us, you consent to the transfer and processing of your information in such jurisdictions. Unless otherwise stated in this Privacy Policy, we rely on this consent as the legal ground for the transfer of your data. You may be asked for your explicit consent to this data transfer as part of the account creation process.
In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European consumers and users, his Privacy Policy outlines the legal bases on which we process your Personal Data and provides other information required by the applicable data protection laws. We are committed to ensuring that your personal data is handled with the highest standard of privacy protection, consistent with the GDPR’s principles.
You are not legally required to provide us with any Personal Data (defined below) and may do so (or avoid doing so) at your own free will.
If you do not wish to provide us with such Personal Data, or to have it processed by us or any of our Service Providers (defined below), please simply do not enter our Site or use our App Service. You may also choose not to provide us with “optional” Personal Data, but please keep in mind that without it we may not be able to provide you with the full range of our services or with the best user experience when using our Service.
This Privacy Policy forms part of our Terms of Use (collectively, the “Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms applicable to your use.
Definitions

a) Data subject:
Data subject is any identified or identifiable natural person, whose data is processed by the controller responsible for the processing.
b) Processing:
Processing is any operation or set of operations which is performed on the data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
c) Controller or controller responsible for the processing:
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
d) Processor:
Processor is a natural or legal person, public authority, agency, or other body which processes data on behalf of the controller.
e) Third party:
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process the data.
f) Consent:
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
1. Data Collection
We collect various types of personal data regarding our Users as well as data regarding Visitors to our Sites. Such data is typically collected and generated through your interaction with us or our Service, through automatic means, or directly from you, from other Users, from our customers, or from other third parties (including Service Providers, as defined herein above).
Specifically, we collect the following categories of data (which, to the extent it relates to an identified or identifiable individual, is deemed as “Personal Data”):
User Data received from you: When you contact us or sign up to the Service and create your individual profile (“User Profile”), you may provide us with Personal Data. This includes your name, date of birth, gender, height, weight, contact details (such as phone number and address), account login details (e-mail address and password), diving experience, best breath-hold time, as well as any other data you choose to provide when you use our Service, contact us, or interact with others via our Service. If you choose to sign up or login using your Google or Facebook account, we will receive these and other details you might have listed there.

Once you are logged in to our Service, you may submit various additional details and documentation concerning yourself depending on the requirements, in order to further and more fully utilize the various features of the Service (collectively, “User Data”).

Data automatically collected or generated: When you visit, interact with, or use our Service, we may collect, record or generate certain technical data about you (“General Data and Information”). We do so either independently or with the help of third-party Service Providers (as defined in Section 4 below) and other tracking technologies (as detailed in Section 5 below).
Such data consists of connectivity, technical and aggregated usage data, such as IP addresses and general locations, device data (like type, operating system, device model, OS version, locale and language settings used), date and time stamps of usage, the cookies and pixels installed or utilized on such device and the recorded activity (sessions, screen transitions, engagement time, and use of app features) of Visitors and Users in connection with our Service. In addition, phone calls (e.g. with our customer success or product consultants) may be automatically recorded, tracked and analyzed, for purposes including analytics, service, operations, and business quality control and improvements, and record-keeping purposes.

User Data received from our customers and Users: Our customers and Users may provide us with the contact details of their employees, team members and colleagues, in order for us to contact, invite or subscribe them as Users to our Service. Such data typically includes these individuals’ names, phone numbers and work e-mails.

Data received from other third parties: We may receive Personal Data concerning you from other sources. For example, we may also receive your contact and professional details (e.g., your name, company, position, contact details and professional experience, preferences and interests) from our business partners or service providers, and through the use of tools and channels commonly used for connecting between companies and individuals in order to explore potential business and employment opportunities, such as LinkedIn and other data sources.

Data obtained through Analytics Tools: We use analytics tools (e.g., Google Analytics, Amplitude analytics, Apps flyer analytics and Cookies) to collect data about the use of our Site and App Service. Analytics tools collect data such as how often Users and Visitors visit or use the Site or App Service, which pages they visit and when, and which website, ad or e-mail message brought them there.
We use Firebase to collect and store user data, helping us improve app performance. Firebase may collect information such as device identifiers, usage statistics and event data. For further details on how Firebase handles data collection and usage, please refer to Firebase’s Data Usage Policy.
For collecting the above-mentioned data and making statistics and analysis we may use the following software and programs:

Name
Firebase, a platform provided by Google LLC

Registered Seat
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4, Ireland

2. Data Uses
When using the General Data and Information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) manage and deliver the content of our website/services correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, (4) communicate with you, (5) audit and analyze the service, (6) ensure technical functionality and security of the service, and (7) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our Company, and to ensure an optimal level of protection for the data we process.

We use Personal Data as necessary for the performance of our Service; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Service, e.g. in understanding how our Service are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Service to you and others; and protecting and securing our Users, customers, Visitors, ourselves and our Service.

If you reside or are using the Service (i) in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for processing Personal Data (in general, or specifically with respect to the types of Personal Data you choose to share via the Service), your acceptance of our Terms and of this Privacy Policy will be deemed as your consent to the processing of your Personal Data for all purposes detailed in this Privacy Policy. If you wish to revoke such consent, please contact us by email at apneo.admin@ajarus.com

Specifically, we use Personal Data for the following purposes:
a. To facilitate, operate, and provide our Service;
b. To verify and carry out financial transactions in relation to payments customers make in connection with the Service;
c. To authenticate the identity of our Users, and to allow them access to our Service;
d. To provide our Visitors, Users and customers with assistance and support;
e. To gain a better understanding on how Visitors and Users evaluate, use and interact with our Service, and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Service;
f. To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using our Service, and thereby to increase your engagement and overall satisfaction with our Service. This includes contextual, behavioral and interests-based advertising based on the Visitor’s or User’s activity, preferences or other data available to us or to our business partners;
g. To contact our Visitors, Users and customers (whether existing or prospective) with general or personalized service-related messages, as well as promotional messages that may be of specific interest to them (as further described in Section 6 below);
h. To facilitate, sponsor and offer certain events, contests and promotions;
i. To publish your feedback, user story and submissions in our public forums and blogs;
j. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
k. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
l. To comply with applicable laws and regulations

3. Data Location & Retention

Data Location: Your Personal Data is maintained, processed, and stored by us and our authorized Service Providers (defined below). We may also retain your Personal Data in other locations as reasonably necessary for the proper performance and delivery of our Service, or as may be required by law.
Data processed by Firebase are stored in data centers located in the European Union (Netherlands and Belgium) where Firebase operates. Google ensures compliance with GDPR through standard contractual clauses and other measures to safeguard data transfers.

While privacy laws may vary between jurisdictions, Ajarus and its affiliates are committed to protect Personal Data in accordance with this Privacy Policy and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in their jurisdiction.

Data Retention: We will retain your Personal Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our Service and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete, anonymize or restrict access to it for any reason and at any time, with or without notice to you.

If you have any questions about our data retention policy including opt outs of Firebase, please contact us by e-mail at apneo.admin@ajarus.com

4. Data Sharing and Disclosure

Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our products and services.

Service Providers: We may engage selected third-party companies and individuals to perform services complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, e-mail distribution, marketing and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and enrichment services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, compliance and financial advisors (collectively, “Service Providers“).

These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Service, and may only use it for such limited purposes as determined in our agreements with them. However, we do not have direct control over how Service Providers use your personal information, and we cannot guarantee that our Service Providers will use your personal information as required in our Agreement/Contract with them. We are not responsible for our Service Providers' misuse of your personal information.

Further, when our Service Providers contact you in order to offer or promote our Service, they may additionally interest you in their own services. Should you decide to engage in such activities with Ajarus’s Service Providers, please note that such engagement is beyond the scope of Ajarus’s Terms and Privacy Policy and will therefore be covered by our Service Provider’s terms and privacy policy.

Access to Personal Data: Any Personal Data you submit may be accessed, copied and processed by your organization’s Admin(s). Please note that Ajarus is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the customer, that itself acts as the “Data Controller” of such data (as further described in Section 9 below).

Sharing your Feedback or Recommendations: You may submit your feedback in respect of the following: (a) “Tell your coach: how was your STA session?” – Feedback will be either one of the following - Easy, Norm, Hard: (b) “What part did you struggle with?” – Feedback will be any combination of the following - Early urge to breathe (relaxation issue), Contractions, Hypoxia.
If you submit a public review or feedback, note that we may (at our discretion) store and present your review to other users of our Sites and Service (including other customers). If you wish to remove your public review, please contact us at apneo.admin@ajarus.com. If you choose to send others an e-mail or message inviting them to use the Service, we will use the contact information you provide us to automatically send such invitation e-mail or message on your behalf. Your name and e-mail address may be included in the invitation e-mail or message.

Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of Ajarus, any of our Users or customers, or any members of the general public.
Apneo uses Firebase, a backend service provided by Google, to manage app functionalities as database storage and hosting. Firebase acts as a data processor and processes information solely based on our instructions. For more details, please refer to Firebase's Privacy Policy.
We use the data processing services of the following companies:

Name
Firebase, a platform provided by Google LLC

Registered Seat
Google Ireland Limited
Gordon House, Barrow Street
Dublin 4, Ireland

Activity (data processing service)
Data Storage and Database Services

5. Cookies and Tracking Technologies

Our Site/App does utilize “cookies”, Google Analytics, Amplitude analytics, Apps flyer analytics, and other technologies in order for us to provide our Service and ensure that it performs properly, to analyze our performance and marketing activities, and to personalize your experience.
You have the ability to manage and block cookies as described in this section. Please note, if you choose to block all cookies, certain features on our website may not function properly.
Cookies can generally be categorized based on their purpose. The following settings allow you to control the use of browser cookies, IP address tracking, and the collection of data for interest-based advertising:
- Required Cookies [IN]: These essential cookies are crucial for core website functions. They enable us to recognize when you are signed in, ensure security, and apply your privacy preferences. Disabling these cookies may prevent some website features from working as expected. You can manage these cookies in your browser settings.
- Functional Cookies [IN / OUT]: These cookies help enhance your experience by allowing us to understand how the website is used and its performance. They include cookies for analytics and performance measurement.
- Advertising Cookies [IN / OUT]: These cookies are used by us and third-party partners to personalize advertisements shown on our Services and other websites. If enabled, these cookies allow third parties involved in interest-based advertising to recognize your browser on other websites as well.
5.1. IP Address Use
An IP address is a unique identifier assigned to a device (such as a computer, mobile device, or IoT device) by a network. For the purposes of this Privacy Policy, IP addresses include both "public" IP addresses (e.g., the IP address assigned to a home router visible to the internet) and "local" IP addresses (e.g., addresses assigned to devices behind a router). Our advertising and analytics partners may use IP addresses to group or correlate devices for various purposes, including analytics, security, anti-fraud measures, interest-based advertising, ad targeting, ad attribution, and controlling ad frequency.
You can opt out of the use of your IP address for advertising or analytics purposes by adjusting the cookie controls for "Advertising Cookies" and "Performance/Analytics" as described above.
5.2. Web Pixels or Beacons Use
Pixels are small image files that prompt a network request to a specific party when loaded by your browser. If the party’s cookies are stored in your browser, those cookies are sent with the request. Beacons are similar but are typically used on web pages for advertising or to track the opening of marketing emails. When used alongside cookies for interest-based advertising, you can control their use via the cookie settings outlined above.
5.3. HTML5 Local Storage
HTML5 Local Storage is a browser feature that functions similarly to cookies but is a separate technology. It is used to store data locally on your device and can be paired with tracking IDs to identify your browser over time. The use of HTML5 Local Storage for tracking purposes can be managed through the cookie controls provided above.
5.4. Social Network Interaction and Widgets
Widgets, buttons, and plug-ins from social networks on our Website can passively transmit data about their members to those networks, even if the button is not clicked. These technologies may allow social networks (like Facebook) to identify their members and track the pages they visit. This occurs regardless of whether a button is actively clicked. If you use social networks or services with these features, you should review the privacy policies of those services to understand the data they collect and how they allow you to control that data. Disabling advertising cookies will block the passive tracking linked to these buttons on our Website.

6. Communications

Service Communications: We may contact you with important information regarding our Service. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Service, billing issues, service changes, log-in attempts or password reset notices, etc. Our customers, and other Users on the same account, may also send you notifications, messages and other updates regarding their or your use of the Service. You can control your communications and notifications settings from your User Profile settings. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to your use (like password resets or billing notices).

Promotional Communications: We may also notify you about new features, additional offerings, events and special opportunities or any other information we think our Users will find valuable. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Service, or through our marketing campaigns on any other sites or platforms.

If you do not wish to receive such promotional communications, you may notify Ajarus at any time by sending an e-mail to apneo.admin@ajarus.com, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

7. Data Security

In order to protect your Personal Data held with us, we are using industry-standard physical, procedural and technical security measures, including encryption as appropriate. We and our Service Providers take appropriate security measures to protect against unauthorized access or disclosure of the information collected by us. For Apneo, this includes but is not limited to, ensuring that all of your information is disclosed only on a "need to know" basis and ensuring that all information collected by Apneo is done so via secured connections and protected and encrypted (using secure socket layer technology, "SSL") by industrial grade security software to guard against unauthorized access. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Hence, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.

8. Data Subject Rights

If you wish to exercise your rights under any applicable law, including the EU General Data Protection Regulation (GDPR), such as the Right to request access to, Right of confirmation, Right to rectification, Right to erasure of your Personal Data held with Ajarus (Right to be forgotten), or Right to restrict or object to such Personal Data’s processing, or Right to port such Personal Data, Right to withdraw data protection consent, or the Right to equal services and prices (each to the extent available to you under the laws which apply to you) – please contact us by e-mail at apneo.admin@ajarus.com.

Please note that once you contact us by e-mail, we may instruct you on how to fulfill your request independently through your User Profile settings; or may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 3 above.

If you would like to make any requests or queries regarding Personal Data we process on your organization’s (our customer’s) behalf, please contact the “Data Controller” of such data – see Section 9.

9. Data Controller/Processor

Certain data protection laws and regulations, such as the GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller, who determines the purposes and means of processing; and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Service, to the extent that such laws and regulations apply.

Ajarus is the “Data Controller” of Personal Data relating to User Data consisting of profile and contact details, and usage, preferences, engagement and analytics data. With respect to such data, we assume the responsibilities of Data Controller (solely to the extent applicable under law), as set forth in this Privacy Policy.

If any of our Users upload or submit to the Service, Personal Data which relates to other individuals, such data will only be processed by Ajarus on behalf of our customer, which is the owner of the respective account, along with all other User Data processed on such customer’s behalf. In such instances, our customer shall be deemed the “Data Controller” of such data, and Ajarus will process such data on the customer’s behalf, as its “Data Processor”, in accordance with its reasonable instructions. Ajarus’s Service Providers shall act as designated Sub-Processors in these instances.

Name and Address of the controller:

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

VECTORMEDIA SOFT PTY LTD
16 Nexus Way Southport, Queensland, 4215 Australia
Email: apneo.admin@ajarus.com

Name and Address of the Data Protection Officer
Mr. Viktor Korsun, Director
VECTORMEDIA SOFT PTY LTD
16 Nexus Way Southport, Queensland, 4215 Australia
Email: apneo.admin@ajarus.com

10. Transfers of Your Personal Data to Other Countries
The Personal Data we process, and all associated Services, including registration, is housed on servers in Australia. If you are located outside of Australia, please be aware that Personal Data we collect will be processed and stored in Australia.
By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in Australia. Where and as required, we will seek your explicit consent as outlined in this Privacy Policy.
11. Additional Notices

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Service. The amended version will be effective as of the date it is published. When we make material changes to these Terms, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending an email.

Your continued use of the Service after the changes have been implemented will constitute your acceptance of the changes.

Our Service is not designed to attract children under the age of 18: We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 18 is using the Service, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at apneo.admin@ajarus.com, and we will ensure deletion of such data within a reasonable time.

Automated decision making: As a responsible company, we do not use automatic decision-making or profiling.

Use of emails under GDPR:
a. Wherever possible we seek your affirmative consent/permission to contact you through email.
b. We do not send email to anyone who has asked not to be contacted, unsubscribed from a list, or opted-out in any other way.
c. We may send marketing communications containing news, events, general updates, and white papers and in various formats, about a product or service with opt-out provision.
d. You can opt-out from receiving emails any time you decide you do not want to receive such mails.

Questions, concerns, or complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your Personal Data held with us, please contact Ajarus’s support at apneo.admin@ajarus.com, or:
Vectormedia Soft Pty Ltd. (Ajarus)
16 Nexus Way, Southport Queensland,4215, Australia
12. Notice for Residents of the European Economic Area (EEA) and UK
12.1. If You Choose Not to Provide Personal Data
You have the option to withhold your Personal Data from Ajarus. However, please note that by not providing your Personal Data, you may lose access to certain features or services of our platform.
12.2. How to Exercise Your Rights
Ajarus is committed to ensuring that your Personal Data is accurate and up to date. If you are a resident of the European Economic Area (EEA), you have specific rights under the GDPR concerning your Personal Data. You can exercise these rights by contacting our support team or by writing to us at Ajarus. We aim to address your request promptly and in accordance with the timelines set forth in applicable law. Please note that, under exceptional circumstances, we may charge for this service.
You have the following rights under the GDPR:
- Right of Access: You can request confirmation of whether we process your Personal Data, and if we do, you have the right to access that data and the details of its processing (such as the purposes and categories of data involved).

- Right to Rectification: You can ask for corrections to any inaccurate Personal Data or completion of incomplete data.
- Right to Erasure: You may request the deletion of your Personal Data when it is no longer necessary for the purposes it was collected, or if you withdraw consent for processing, and there is no other legal basis for continued processing.
- Right to Restriction of Processing: In certain situations, such as when the accuracy of your data is contested, you can request a restriction on how we process your data.
- Right to Data Portability: You can receive your Personal Data in a structured, commonly used format, and request to transmit it directly to another service provider, if technically feasible.
- Right to Object: You have the right to object to the processing of your Personal Data, particularly when processing is based on our legitimate interests. You can also object to processing for direct marketing purposes.
12.3. How We May Disclose Your Personal Data
Under the GDPR and other applicable national laws, we are permitted to share your Personal Data with third parties only under specific conditions. If you are a resident of the EEA, we will only disclose your Personal Data in accordance with the terms outlined in our Privacy Policy and as permitted by the GDPR or other relevant laws.
12.4. Health Data
Some of the data we collect may be classified as sensitive health data under the GDPR, especially if it is gathered over time. This data is used to enhance the services we provide to you, but it is important to note that it is not intended for medical diagnosis or to serve as professional medical advice. We monitor the processing of such data carefully to ensure compliance with relevant laws and regulations. However, you should always seek advice from a qualified healthcare professional before making any health-related decisions based on the data we collect. We do not take responsibility for any medical decisions or outcomes that may result from using our services.
12.5. Transfers of Your Personal Data to Other Countries
The Personal Data processed by Ajarus may be stored or transferred to Australia, where our servers are based. To ensure the security of your Personal Data, we use appropriate safeguards, including the standard contractual clauses approved by the European Commission and, where applicable, your consent.
12.6. Marketing Communications
Where required by applicable law, we will ask for your explicit consent before sending promotional communications. You may withdraw your consent at any time. If you no longer wish to receive marketing materials, you can change your communication preferences in the settings of your account.
12.7. Legal Basis for Processing Under the GDPR
This section outlines the legal grounds for processing your Personal Data under the GDPR:
- Performance of a contract: This applies when you register for an account or engage with connected devices.

- Consent: We process sensitive data, such as health data, based on your consent.
- Legitimate interests: We may process your non-sensitive Personal Data for our legitimate business interests, such as improving our services and providing personalized marketing, unless your rights override our interests.
12.8. Changes to this Privacy Policy
We may update this Privacy Policy as necessary to comply with applicable laws and improve our services. Please check our Website regularly for updates.
12.9. How to Contact Us or Our Privacy Office
Ajarus is the data controller responsible for the processing of your Personal Data. If you have any questions or concerns about how your Personal Data is handled, please contact us at:
Email: apneo.admin@ajarus.com, or:
Vectormedia Soft Pty Ltd. (Ajarus)
16 Nexus Way, Southport Queensland,4215, Australia
13. Notice for Residents of California
If you are a resident of California, you have specific rights regarding your Personal Data under the California Consumer Privacy Act (CCPA) and related laws. These rights are subject to certain exemptions to protect the public interest (e.g., preventing or detecting crime) and our interests (e.g., maintaining confidentiality as required by law). We will make reasonable efforts to respond to your requests promptly. Your request may be fully, partially, or not granted, depending on the nature of the request and applicable law. To protect your Personal Data, we verify requests by ensuring the identity of the individual making the request. This may involve confirming information related to your account, responding to challenge questions, or requiring a verified email address. Once your identity is confirmed, we will notify you if we are unable to fulfill your request and explain the reasons for the denial.
13.1. Your California Privacy Rights
Under California law, you have the following rights:
1. Right of Access to Your Personal Data: You may request confirmation of whether we are processing your Personal Data and request access to the specific data we have about you. This includes understanding how we collect, use, and disclose your Personal Data.
2. Right to Deletion: You have the right to request the deletion of your Personal Data, subject to certain exceptions allowed by law.
3. Right to Opt-Out of "Sale" and Certain Sharing Practices: You have the right to opt-out of certain types of data sharing. Specifically, you can opt-out of the "sale" of your data. "Sale" refers to the disclosure of your data, including technical device data that does not identify you directly, to third parties for their own use (e.g., for personalized advertising). Note, we do not "sell" data in exchange for money and we do not knowingly sell personal information of minors under 16.
4. Right to Non-Discrimination: We will not discriminate against you, including in pricing or services, if you choose to exercise any of your rights under the CCPA.
13.2. How to Exercise Your Rights
You may contact us through our support team or by writing to us at:

Email: apneo.admin@ajarus.com, or:
Vectormedia Soft Pty Ltd. (Ajarus)
16 Nexus Way, Southport Queensland,4215, Australia