1.1 This Privacy Policy applies to all services provided by BREIL.

1.2 2 This Privacy Policy also applies to User’s use of the BREIL BC and BREIL TRIBE SBT applications (“App”). The personal registration information requested by the App when registering an App account includes, but is not limited to, name, age, country, profile picture, height, gender, weight, unit of measurement used, etc., Bluetooth device data synchronized with the App while using the App, including, but not limited to, movement steps, heart rate data, blood pressure data, sleep data, movement recording data, and location data generated during certain exercises.

1.3 The User’s personal data is obtained from the App either directly from the User or from third parties as mentioned in Article 2.1.1 below.

1.4 The data controller is Binda Italia s.r.l., with registered office in Milan, Corso Sempione, 2 – P.I.: 05025890962.

2.1 Be Our User.

2.1.1 When an account is created on the App, you will need to provide either an email address or a cell phone number. The email or mobile number provided will be used to send a verification code for registration, log in, link the account, retrieve the password, and to send notifications about the service (e.g., changes to the service, etc.). If you use a third-party login, such as Google and Facebook, in order to authenticate, we will request permission from the third-party platform to obtain with the User’s consent the nickname and profile picture.
The content of the User’s data we obtain from third parties depends on their settings, permissions and privacy policies. The User should always be careful to check the privacy settings and notifications in these third-party services to understand the data that may be disclosed to us or shared with our services. For security issues, we recommend using email to register and log in.

2.1.2 After registering with your account, you will be able to continue entering information in the next step, such as name, age, profile picture, height, gender, weight, unit of measurement used, etc.

2.2 Provide technical services.

The information we collect while using the App is:

2.2.2 Device information: we will receive and record information about the device being used (e.g., information about hardware and software functionality, such as device model, operating system version, etc.) and use cookies to ensure the secure use of data, in accordance with the specific permissions granted in the installation and use of the software.

2.2.3 User’s health status data: when the SBT-1 smartwatch is synchronized to the device movement steps, heart rate data, blood pressure data, sleep data, movement recording data and location data generated during some exercises will be automatically laced with the account system.

2.2.4 Please note that individual device information, User health data, etc. is information that does not identify a specific individual. If we combine such non-personal information with other information to identify or combine it with personal information, such non-personal information will be treated as personal information during the period of use and will be treated as anonymous and unidentified, unless authorized by the User or otherwise required by laws and regulations.

2.3 We use User’s information for the following purposes:

2.3.1 To provide services to the User (e.g., height, weight, age is a prerequisite for continued access to services).

2.3.2 To maintain and improve services (e.g., cell phone number or box for verification code, etc., to register, log in, or receive notifications).

2.3. 3 Improve the security of your use of the services, to protect you or other users from breaches and to better protect against security risks such as phishing websites, fraud, network vulnerabilities, computer viruses, cyber attacks, and cyber intrusions; to this end, we may use User’s information, integrate device information, blog information, and information shared by our affiliates and partners to determine account risk, authentication, security incident detection and prevention, and to document necessary logs as necessary in accordance with law review, analysis, and disposal measures.

2.3.4 Other uses with the User’s consent.

2.3.5 If a BREIL TRIBE SBT-1 item is purchased on our Web site, you will need to provide payment information, including name, credit or debit card number, card expiration date, CVV code, and billing address. This payment information will not be stored. We will store the shipping address to complete the order. Please note that third-party payment processors may store this information in accordance with their privacy policies and terms.

2.4 Legal Basis

The legal basis for processing User data is, as applicable, consent, performance of a contract to which the User is a party or a legal obligation or public interest.
The provision of User data is optional. Failure to provide it will result in the inability to provide the service for which the provision of such data is requested.

3.1 Sharing

We do not share User information with other parties except in the following cases:

3.1.1 Sharing with explicit consent: we will only share User information with other parties with the explicit consent of the User.

3.1.2 Sharing under Legal Circumstances: we may share User information in accordance with the provisions of applicable Laws and Regulations, in the event of litigation, for arbitration resolution needs, or as a result of requests by administrative and judicial authorities in compliance with the Law.

3.1.3 In some cases, the sharing of User information may be done by us to help you cope with certain problems, for example, when you use your cell phone number to register your account or retrieve your password, and you fail to receive the verification code, we have to provide your cell phone number to the SMS operator.

3.1.4 Sharing with trusted partners

We may outsource services to trusted partners, so we may share some of User information with our partners to provide better customer service and optimize User experience. We will share User information only for lawful, legitimate, necessary, specific and explicit purposes, with respect for confidentiality and only the User information necessary to provide the services. Our partners do not have the right to use the shared User information for any other purpose.
Currently, our authorized partners are: authorized distributors, service providers, and other partners. We send information to authorized distributors, service providers, and other partners who support our business, including providing basic technical services, consulting, analysis, and other professional services.

3.2 Transfer

We will not transfer User information to any company, organization or individual except in the following cases:

3.2.1 Transfer with express consent of the User: We will only transfer User information to other parties with the express consent of the User.

3.2.2 In the event of a merger, acquisition or liquidation of Binda Italia s.r.l., or other events involving a merger, acquisition or liquidation. In such a case, we will require the new companies and organizations that will hold information about the User to remain subject to this Privacy Policy, or we will require the new companies or organizations to reapply for permission.

3.3 Public Disclosure

We will only publicly disclose User information with explicit consent.

3.4 Exceptions for obtaining prior authorization for sharing, transferring, and publicly disclosing User information.

Prior authorization for sharing, transfer and public disclosure of User information will not be required in case of:

3.4.1 national security, national defense security;

3.4.2 public safety, public health and major public interests;

3.4.3 investigation of crimes, prosecution, trial and to the execution of sentences;

3.4.4 preservation of the User’s life and other personal lives, property, and other important legal rights and interests when it is difficult to obtain consent.

Unlike User’s information, BREIL TRIBE SBT-1 will manage User’s movement data and public information as follows:

4.1.1 All data generated by the BREIL TRIBE SBT-1 smartwatch is User’s movement data and the User has full ownership of such data. As a service provider, BREIL TRIBE SBT-1 will only process User’s movement data based on scientific and legal health algorithms and display such data and the results of the processing of such data only to the User, without any unauthorized use or disclosure of the data, except if required by Law.

4.1.2 When the User authorizes the collection of accurate location information, we use such information to provide and improve the functionality of the service, such as recording the location where exercise occurs and tracking the movement path during exercise.

4.1.3 We use User information such as height, weight, gender, age, etc., to improve the accuracy of calculating daily exercise data and statistics on activity and calories burned; based on sleep data, we may infer sleep status to show sleep quality more clearly and help improve it.

4.2 Public Information.

4.2.1 Public information is any information that You share publicly and that anyone can view or access while using and not using the BREIL TRIBE SBT-1 Service.

5.1 Binda Italia s.r.l. takes the security of your information very seriously. We protect your information with reasonable physical, electronic and administrative security measures. We protect historical access, public disclosure, use, modification, and loss of User information. We use encryption to improve the security of User information, use reliable protection mechanisms to protect User information from malicious attacks, implement access controls to try to ensure that only authorized personnel have the rights to access User information, and hold security and privacy training courses to increase employee awareness of the importance of protecting User information.

5.2 We take reasonable and feasible measures to avoid collecting irrelevant User information. We retain User information only as long as necessary to fulfill the stated purpose, unless an extension of the retention period is required or permitted by Law. After the above User information has been retained, we will delete or anonymize the personal information.

5.3 We encourage the User to use a complex password to help us keep the account secure. We will do our best to ensure the security of all information that is submitted, ensuring that User information is not lost, misused, or altered by security measures such as encryption of User passwords.

6.1 Users can choose whether to access the App to use our products. If they do not access the App, their data will be fully stored locally on their phone.

6.2 If Users choose to access the App, their data will be stored on servers located in the European Union.

6.3 For transmission and storage of User’s data, all processes are encrypted and data cannot be analyzed during transmission.

6.4 Server access is strictly limited, only our core developers have access to the anonymized User data content and all such developers sign Privacy agreements.

6.5 We do not share or process User data with third parties on the server side.

6.6 In the event that BREIL TRIBE SBT-1 products and services cease to operate, we will take reasonable measures to protect the security of User information, including timely discontinuation of operations to continue collecting User information; notice of discontinuation of operations will be notified to Users in the form of individual service or announcements; personal information held will be deleted or anonymized.

6.7 We will inform the User again to obtain explicit consent before using the User information for purposes further and/or other than those stated in the User information collection.

6.8 The information and materials related to the User in the BREIL TRIBE SBT-1 App products are stored only on Ali Cloud servers located in the European Union.

6.9 The time interval for saving User data: as long as the account is active, we will keep the account information while your movement data will be kept for only 6 months.

We comply with the requirements of the EU General Data Protection Regulation 2016/679 (“GDPR”) and the Children’s Online Privacy Protection Act (“COPPA”). BREIL TRIBE SBT-1 services are available to persons 16 years of age or older. If the User is the guardian of a child under the age of 16, the User must consent to the use of the App and this Privacy Policy.

Users may exercise certain rights with regard to the processing of their data.

In particular, the User has the right to:

(a) Withdraw consent at any time. The User may revoke the consent to the processing of his/her personal data previously given, without affecting the lawfulness of the processing based on the consent given before revocation;

(b) Object to the processing of his/her data. The User may object to the processing of his/her data when it is done on a legal basis other than consent. Further details on the right to object are provided in the section below;

(c) Access to their own data. The User has the right to obtain information about the processed data, certain aspects of the processing, and to receive a copy of the processed data;

(d) Verify and request correction. The User may verify the correctness of his/her data and request that it be updated or corrected;

(e) Obtain restriction of processing. When certain conditions are met, the User may request the restriction of the processing of their data. In this case, we will not process the data for any purpose other than its preservation;

(f) Obtain the deletion or removal of your personal data. When certain conditions are met, the User may request the deletion of their data.

(g) Receive his/her data or have it transferred to another data controller. The User has the right to receive his or her data in a structured, commonly used, machine-readable format and, where technically feasible, to have it transferred unimpeded to another data controller. This provision is applicable when the data are processed by automated means and the processing is based on the User’s consent, a contract to which the User is a party or contractual measures related thereto;

(h) Propose Complaint. The User may propose a complaint to the competent data protection supervisory authority or take legal action.

Relevant requests to exercise the above rights should be sent by e-mail to infoprivacy@bindagroup.com.

Pursuant to the GDPR, we are not authorized to charge fees for fulfilling any of the User’s requests, unless they are manifestly unfounded or excessive, and in particular are repetitive in nature. In cases where You request more than one copy of Your personal data or in cases of excessive or unfounded requests, we may (i) charge a reasonable fee, taking into account the administrative costs incurred to fulfill the request or (ii) refuse to fulfill the request. In these instances, we will inform you of the costs before processing the request.

We may also request additional information prior to processing requests if we need to verify the identity of the individual making the request.

Without prejudice to any other administrative or jurisdictional recourse, the User will also have the right to lodge a complaint with a supervisory authority (for Italy: the Garante per la protezione dei dati personali), if he/she believes that the processing concerning him/her is carried out in violation of the GDPR.

Further information is available on the website https://www.garanteprivacy.it.

The BREIL TRIBE SBT-1 App uses Bluetooth (BLE) to communicate with the device and is a “complementary application for a device connected to the phone.” In daily use, the BREIL TRIBE SBT-1 App will connect to users for reading the phone and reading or receiving info from BREIL TRIBE SBT-1. The User is reminded to allow these permissions before using them. These permissions are limited to the implementation of the push function of information, calls, SMS messages and content, sent to the smartwatch, in order to remind users of the information to be displayed.

BREIL TRIBE SBT-1 does not process any phone content and text messages. Permissions will be requested only to implement the push function of messages. Refusing these permissions will only waive on the message push function. In general, for the functional integrity and perspective of the User experience, BREIL TRIBE SBT-1 advises users to accept these permissions.

If you have any questions or comments about the contents of this notice and policy, or if you have any questions or comments about BREIL TRIBE SBT-1 and the operation of this Privacy Policy, you may contact us by email: infoprivacy@bindagrouop.com

It is likely that our Privacy Policy will be revised, including as changes are made to the laws or regulations that govern this matter and protect your rights. Changes and updates to this Privacy Policy will be notified to Users on the homepage of www.breil.com as soon as they are adopted and will be binding as soon as they are posted on the website in this same section as well as, if technically and legally feasible, by sending a notification to Users through one of the contact details it has. Therefore, please consult this page frequently, referring to the date of last modification indicated at the bottom.