MICODE Mobile App Privacy Policy

1.Scope. MICODE is committed to protecting the personal data of the users of MICODE’s mobile applications (collectively referred to as the "Apps"). This MICODE Mobile App Privacy Policy (“Privacy Policy”) applies to your use of the Apps and sets out how MICODE will collect, process, disclose and use your personal data.

2.Updates to Agreement. MICODE may update this Privacy Policy from time to time, and you will be notified of the latest version in force whenever the relevant App is updated. Your continued use of the App following the notification or posting of these changes or modifications would constitute your acceptance of such changes or modifications.

3.Personal Data. In this Privacy Policy, “personal data” refers to any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which MICODE has or is likely to have access, including data in MICODE’s records as may be updated from time to time.

4.Collection of Data Upon installation of the App, MICODE may collect the following types of data:

a.information about your usage of your MICODE smart device, such as the frequency and duration of your usage, the types of functions/features of your MICODE smart device that you used (e.g. the massage programs that you used);

b.information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial numbers, device activity information (including device motion information) and mobile network information;

c.when the voice command feature of the App is switched on: audio recordings of your voice that are recorded by your mobile device when the App is running in the foreground or the background; and

d.personal data that you have input into the App, such as the personal details provided by you when registering for an account for the App.

e.personal data when you integrate or link a third-party service with the App (e.g. if you create an account or log into the App using your Facebook credentials, we receive your personal data as permitted by your Facebook profile settings in order to authenticate you).

f.personal data which was recorded by your MICODE smart device (e.g. smart massage chair, smart air purifier, smart weighing scale or smart blood pressure monitor).

For more detailed information on the types of data that may be collected by us when you sync the App with your MICODE smart device, please see below.

5.Consent. By using this App and/or registering for an account with your personal data, you consent to MICODE, MICODE’s related companies (e.g. MICODE’s holding companies, subsidiaries and other companies in the same corporate group as MICODE) and MICODE’s service providers (including without limitation agents or contractors that provide operational services to MICODE) collecting, using and disclosing your personal data for the following purposes:

a.to provide you with the App and any relevant customer support;

b.to store and use your personal data in the App for synchronisation with your MICODE smart device so that you can connect to it wirelessly using the App;

c.to improve the App and MICODE’s other products and services;

d.to resolve complaints and handle requests and enquiries;

e.for legal purposes, including but not limited to obtaining legal advice and dispute resolution, and meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on MICODE (including responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);

f.to analyse your usage of the App and your MICODE smart device for purposes of smart device enhancement and development; and

g.to transfer your personal data to our hosting servers whether located in Japan and China, or elsewhere.

h.without prejudice to the generality of the foregoing, the purposes described in Section 6 (Data Processing for Tension Check Function) of this Privacy Policy.

6.Data Processing for Tension Check Function

a.The Tension Check function of this mobile application allows you to take a tension level measurement using your MICODE chair’s Tension Biosensors (also known as Well-being sensors)

b.When you use the Tension Check function of this mobile application, MICODE will collect, use, disclose and process your personal data in the manner as described below:

(i).MICODE will keep records of your Tension Check results. You can view the results of your previous Tension Checks on this mobile application when you are logged into your account.

(ii).When you use the Tension Check function, electrocardiogram (ECG) data will be collected by your MICODE chair and synched with this mobile application.

(iii).MICODE will collect and store the ECG data that is recorded by this App. During the Tension Check, other health-related data such as your heart rate and respiration rate will be derived from the ECG data and stored by MICODE.

(iv).The ECG data and other health-related data that is collected during each usage of the Tension Check function will be linked to a timestamp.

(v).MICODE will also collect and store the personal data that you input into this mobile application for the Tension Check, such as your gender, date of birth, height and weight.

(vi).The data collected by MICODE is stored on cloud servers located in Japan and China, and maintained by MICODE’s third party service provider, Amazon Web Services (AWS). Your data is encrypted during transit and on the servers.

(vii).MICODE uses the ECG data, the health-related data derived from your ECG data and the personal data that you have input into this mobile application in order to provide you with the use of the Tension Check function. MICODE will also use the personal data that is collected via the Tension Check function to facilitate the enhancement and development of this mobile application.

c.You have the right to refuse to give your consent for MICODE to collect, use, or disclose your personal data. However, please note that if you do not provide your consent or you withdraw your consent for MICODE to collect, use, or disclose your personal data as described in this Section 6 (Consent to Data Processing for Tension Check Function), you will not be able to use the Tension Check function of this App.

7.Preservation of Other Rights. The consents provided by you pursuant to this Privacy Policy supplement but do not supersede nor replace any other consents you may have previously provided to MICODE in respect of your personal data and your consents herein are additional to any rights which MICODE may have at law to collect, use or disclose your personal data.

8.Usage Statistics. Without prejudice to the above consent granted, you agree and acknowledge that MICODE may collect usage statistics from your MICODE smart device with the App to evaluate the frequency of use for MICODE's product. Such usage statistics will automatically be sent from the MICODE smart device to the App. Such usage statistics will be transmitted to and stored in cloud servers for data processing purposes whenever you connect to the Internet. You further agree to the sending of any error logs generated by the App to MICODE to facilitate the development of future updates to the App.

9.Withdrawal of Consent.

a.You may withdraw your consent for MICODE collect, use, disclose or process your personal data for any of the aforementioned purposes at any time by contacting us

b.However, MICODE may be unable to provide you with access to the App as a result of your withdrawal of consent to such collection, use and/or disclosure of your personal data.

10.Personal Data of Children.

a.MICODE does not knowingly collect personal data from children under 13, or equivalent minimum age depending on jurisdiction. If you become aware that a child has provided us with personal data without parental consent, please contact us

b.If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, without parental consent, we will take steps to delete the information as soon as possible.

11.Retention. MICODE will retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected. If you have de-registered your account, MICODE will delete your personal data as soon as reasonably possible unless there is a valid legal or business purpose for the continued retention of such data whereupon the personal data shall be retained only for the duration of such valid legal or business purpose.

12.Access and Correction. If you wish to update your personal data stored in the App, you may do so by accessing your profile in the App. You may also request in writing for access to and/or correction of your personal data which MICODE has collected from you. Please contact MICODE's Data Protection Officer at dpo@MICODE.com.sg if you have any questions in this regard.

13.Security Arrangements. MICODE will implement reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, modification to your personal data.

14.Transfer. In the event that MICODE needs to transfer your personal data out of Singapore, MICODE will take steps to ensure that the recipient organisation is bound by legally enforceable obligations to accord the same standard of protection to the transferred personal data as it would enjoy under Singapore data protection laws.

15.Permitted Disclosures. MICODE may disclose your personal data to respond to legal requirements, enforce its policies, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. MICODE will not disclose your personal data to third parties for their marketing purposes without your explicit consent.

16.Rights under the Taiwan Personal Information Protection Act

If your personal data is covered by the Taiwan Personal Information Protection Act, you have the following rights in relation to your personal data:

(a)the right to make an inquiry of and to review your personal data;

(b)the right to request a copy of your personal data;

(c)the right to supplement or correct your personal data;

(d)the right to demand the cessation of the collection, processing or use of your personal data; and

(e)the right to erase your personal data.

17.Governing Law and Jurisdiction. This Privacy Policy shall be governed by and construed in accordance with the laws of Singapore. The parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Singapore as regards any claim or matter arising in relation to this Privacy Policy. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to the Privacy Policy. Those who choose to access this App from outside of Singapore are responsible for compliance with local laws if and to the extent local laws are applicable.

18.Language This Privacy Policy is drawn up in the English language. If this Privacy Policy is translated into another language, this Privacy Policy in the English language text will in any event prevail.

19.Contact. If you have any questions about this Privacy Policy, please contact MICODE

Last Updated: 15 October 2021

TERMS OF SERVICE

1.Binding Agreement. This mobile application ("App") is offered by MICODE of to allow you to connect to your MICODE products and devices ("Product") via Bluetooth and/or Wi-Fi (or other wireless technologies) to control the functions of the Product as well as download new software programs/firmware updates from the internet onto your mobile device, which will then send the programs/firmware update to the memory module of the Product. By using the App or creating an account with MICODE to allow you to use the App, you accept these Terms of Service which forms a binding agreement between you and MICODE. If you do not wish to be bound by these Terms of Service, do not use the App or sign up for an account.

2.Acceptable Use. You acknowledge that the App is intended for use only in relation to MICODE products, and that it is therefore your responsibility to ensure that the App is downloaded and installed only for use with MICODE products at all times.

3.Updates to Agreement. MICODE may update this Terms of Service from time to time, and you will be notified of the latest version in force whenever the App is updated by MICODE. Your continued use of the App following the notification or posting of these changes or modifications would constitute your acceptance of such changes or modifications.

4.Account Registration. In order to use the App to connect with your MICODE products, you must register an account with MICODE. You must provide MICODE with your email address and other information as set out in MICODE's registration form, to register the account. At any time which you decide to cease your use of the App, you can choose to delete your account.

5.Account Security. You acknowledge that you are responsible for maintaining the confidentiality of the access data for your account. Whilst MICODE will take steps to secure your personal data in accordance with our Privacy Policy, MICODE is not responsible for any unauthorized disclosures of your personal data which are caused solely by you. You also agree to immediately notify MICODE of any unauthorized use of your account or any other security breach.

6.Functions of App. The App can be connected to your MICODE products wirelessly to enable you to control the functions of your MICODE products. You may also download new software programmes / firmware updates through your App, which will synchronise with the memory module of your MICODE products.

7.Internet Access. Usage of this App requires access to the Internet. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of the App. You are responsible for all such fees.

8.Usage Statistics. You agree and acknowledge that MICODE may collect usage statistics from your MICODE product with the App to evaluate the frequency of use for MICODE's product. Such usage statistics will automatically be sent from the MICODE product to the App. Such usage statistics will be transmitted to MICODE's cloud server located in Japan and China, for data processing purposes whenever you connect to the Internet. You further agree to the sending of any error logs generated by the App to MICODE to facilitate the development of future updates to the App.

9.No Warranty. This Terms of Service sets out the full extent of our obligations and liabilities in respect of the provision of the App. Except as expressly stated in this Terms of Service, there are no conditions, warranties, representations or other terms, expressed or implied, that are binding on MICODE. Any condition, warranty, representation or other term concerning the provision of the App which might otherwise be implied into, or incorporated in, this Terms of Service whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

10.Limitation of Liability. To the extent permitted by applicable law, under no circumstances will MICODE be liable for any loss, damage or injury (including without limitation loss of profits, loss of income, loss of data, indirect, incidental or consequential loss, damage or injury) suffered by you arising out of or in connection with your use of the App, whether arising in contract, tort (including negligence), misrepresentation or otherwise, even if MICODE has been advised or is otherwise aware of the possibility of such loss, damage or injury.

11.Restrictions of Use of Content. Any content contained in the App including but not limited to the text, images and recordings may not be sold, resold, licensed, transferred, copied or reproduced in whole or in part in any manner or in or on any media to any person without the prior written consent of MICODE.

12.Intellectual Property. All intellectual property rights in the App, including but not limited to copyright, trade marks, content, and design of the App are owned by MICODE or used under licence from third party owners. Any use of the App or its contents, including copying, publishing, reverse-engineering, republishing, distributing, downloading, storing whether in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of MICODE. You are prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this App for any commercial purpose.

13.Termination. MICODE reserves the right to terminate your access to the App or your account at any time at its absolute discretion, in particular when it has been determined by MICODE that your App or account has been used in a manner contrary to these Terms of Service, or that there has been an unauthorized attempt by you, or anyone accessing your App or your account to analyse, decompile, or reverse engineer or cause a third party to analyse, decompile or reverse engineer the App, or any of MICODE's confidential information, or to somehow compromise the operation or security of any of MICODE's servers or computer systems. In such event, MICODE retains the discretion to block your e-mail address and/or internet protocol address to prevent further registration.

14.Indemnification. You agree to indemnify and hold MICODE and MICODE's subsidiaries, affiliates, officers, employees, agents and successors harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action or proceeding against MICODE or MICODE's subsidiaries, affiliates, officers, employees, agents and successors, whether successful or not, resulting from, arising in connection with or relating to: (a) your breach of any term of the Terms of Service or any policy or guidelines referred to in it; or (b) your use or misuse of the App.

15.Governing Law and Jurisdiction. This Terms of Service shall be governed by and construed in accordance with the laws of Singapore. The parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Singapore as regards any claim or matter arising in relation to this Terms of Service. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to the Terms of Service. Those who choose to access this App from outside Singapore are responsible for compliance with local laws if and to the extent local laws are applicable.

16.Assignability. You must not transfer or assign any of your rights or delegate any of your duties under the Terms of Service without MICODE's prior written approval. MICODE may freely transfer, assign or delegate its rights and duties under the Terms of Service. Subject to the foregoing, the Terms of Service will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

17.Non-Waiver. MICODE's failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect MICODE's right to later enforce or exercise it.

18.Severability. Except as otherwise provided in these Terms of Service, if any provision of these Terms of Service is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

19.No Medical Advice. The App is not intended to diagnose, treat, cure, or prevent any health condition or disease, and should not be used to take the place of professional medical care. Reliance on any content, including text, graphics, images and information, contained on or available through the App is solely at your own risk. To the extent permitted by law, MICODE makes no express or implied representation or warranty regarding the accuracy, reasonableness, reliability or completeness of the content contained or available through the App. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App. Any health-related information provided by this App should not be treated as medical advice.

20.Privacy Policy.

(a)Your privacy rights are governed by the MICODE Mobile App Privacy Policy (“App Privacy Policy”), which you can access by clicking here. By using the App or creating an account with MICODE for the App, you agree that MICODE may collect, use, disclose and process your personal data in accordance with the App Privacy Policy

(b)If you are using the App in the People’s Republic of China, your privacy rights are governed by MICODE’s People’s Republic of China Privacy Policy, which you can access by clicking here. (Please note that access to the aforesaid privacy policy is restricted to IP addresses from the People’s Republic of China.)

21.Entire Agreement. These Terms of Service, together with the End User Licence Agreement, constitute the entire agreement between you and MICODE and supersedes any prior understandings or agreements (written or oral).

22.Language. These Terms of Service are drawn up in the English language. If these Terms of Service are translated into another language, the Terms of Service in the English language text will in any event prevail. All legal proceedings will be, where possible, conducted in English.

END USER LICENSE AGREEMENT

1.Binding Agreement. This mobile application ("App") is operated and owned by MICODE. By installing the App, you accept the terms of this End User Licence Agreement ("EULA") which forms a binding agreement between you and MICODE. If you do not agree to be bound by this EULA, you must discontinue the installation of the App now.

2.Updates to Agreement. MICODE may update this EULA from time to time, and you will be notified of the latest version in force whenever the App is updated. Your continued use of the App following the notification or posting of these changes or modifications would constitute your acceptance of such changes or modifications.

3.Terms of Service. In order to use the App to connect with your MICODE product, you must register an account with MICODE. In doing so, you must accept MICODE's Terms of Service which is available above.

4.Licence. Subject to the terms and conditions of this EULA, MICODE grants to you a limited, non-exclusive, non-transferable, non-sub-licensable, terminable, personal license to use the App (including any modifications and updates to the App which may be made from time to time) solely for your own personal purposes.

5.Updates to App. MICODE may update the App from time to time, for feature enhancement, security or other purposes. However, you acknowledge that MICODE has no obligation to furnish to you any maintenance or support services with respect to the App.

6.Disclaimer. You acknowledge that the App may not be free of bugs or errors and you agree that the existence of any errors (including those that may cause interruptions to the App) will not constitute a breach of this EULA. In the event that any legislation applicable in your jurisdiction implies consumer guarantees or imposes obligations upon MICODE that cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent, this EULA must be read subject to such statutory provisions. If such statutory provisions apply, to the extent to which MICODE is permitted to do so, MICODE limits its liability in respect of any claim under those provisions to the replacement of the App or an equivalent.

7.Limitation of Liability. To the extent permitted by applicable law, under no circumstances will MICODE be liable for any loss, damage or injury (including without limitation loss of profits, loss of income, loss of data, indirect, incidental or consequential loss, damage or injury) suffered by you arising out of or in connection with your use of the App, whether arising in contract, tort (including negligence), misrepresentation or otherwise, even if MICODE has been advised or is otherwise aware of the possibility of such loss, damage or injury.

8.Intellectual Property. All intellectual property rights in the App, including but not limited to copyright, trade marks, content, and design of the App are owned by MICODE or used under licence from third party owners. Any use of the App or its contents, including copying, publishing, reverse-engineering, republishing, distributing, downloading, storing whether in whole or part, other than for your personal or non-commercial use is prohibited without the written permission of MICODE. You are further prohibited from copying, modifying, transmitting, distributing, selling, displaying, licensing or reproducing any content including images and other media on this App for any commercial purpose.

9.Term and Termination. This EULA is effective from the first date you use, download or install the App and will continue in force until terminated. You may terminate this EULA at any time by deleting and ceasing all use of the App from your mobile device. MICODE further reserves the right to terminate this EULA at is discretion, an in particular in the event of any breach by you of the EULA or the Terms of Service. Upon termination of this EULA, you shall immediately cease using the App and any part thereof and shall delete the App from any mobile device on which the App was installed. For the avoidance of doubt, Clause 6, 7 and 8 above shall survive the termination of the EULA.

10.Governing Law and Jurisdiction. This EULA shall be governed by and construed in accordance with the laws of Singapore. The parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Singapore as regards any claim or matter arising in relation to this EULA. The Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to the EULA. Those who choose to access this App from outside the Singapore are responsible for compliance with local laws if and to the extent local laws are applicable.

11.Assignability. You must not transfer or assign any of your rights or delegate any of your duties under the EULA without MICODE's prior written approval. MICODE may freely transfer, assign or delegate its rights and duties under the EULA. Subject to the foregoing, the EULA will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

12.Non-waiver. MICODE's failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect MICODE's right to later enforce or exercise it.

13.Severability. Except as otherwise provided in these EULA, if any provision of these EULA is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

14.Privacy Policy. MICODE may collect and use information concerning your use of the App in accordance with the Terms of Service above and the applicable MICODE privacy policy.

15.Entire Agreement. This EULA, together with the Terms of Service, constitute the entire agreement between you and MICODE and supersedes any prior understandings or agreements (written or oral).

16.Language. This EULA is drawn up in the English language. If this EULA is translated into another language, the EULA in the English language text will in any event prevail. All legal proceedings will be, where possible, conducted in English.