feelee terms and conditions & privacy statement
Version 15th of August 2023
terms and conditions
general
The Feelee app (hereinafter the "app") is offered by Stichting Garage2020 established in Amsterdam (KvK number 70274525) and Greenberry B.V. established in Utrecht (KvK number 30232318), hereinafter jointly referred to as "Feelee".
By registering in the app, you enter into an agreement with Feelee to which agreement these general terms and conditions apply. Feelee grants a revocable, non-exclusive, non-(sub)licensable and non-transferable right of use for the duration of the agreement to use the app in accordance with these terms of use. The app is intended for your own personal, non-commercial use. If you do not agree to these terms, you should not register or use the app.
Feelee has the right to unilaterally change these terms of use and their content. For example through an update of the app, we will inform you of the changed conditions. After your acceptance, the changed terms and conditions take effect. In addition to these terms of use, other conditions of third parties may also apply. Think of the terms and conditions of Apple's App store and Google's Play store. Those and possible other third parties are not parties to our agreement and these terms of use.
To use the app, you must be at least 12 years old. Are you under 16? Then your parents or legal representatives must give permission to use the app. If they do so, they themselves also agree to these terms and conditions.
about Feelee
The aim of the Feelee app is to help you gain insight into your (mental) health/fitness. We do this by visualising data entered by you and generated by your mobile phone. Each day, we ask you a few questions about how you feel, what you are doing at that moment and with whom. We link this information to the passive data your phone gives us, such as the number of steps you take in a day and the number of hours of sleep. In a clear dashboard, you can see the effect of, for example, your movement on how you feel that day.
We provide visualised feedback of the information you have entered and generated, without giving any (medical) interpretation, advice or diagnosis. The app therefore only provides an image (overview) of entered and generated data. The purpose of the app is explicitly non-medical and the app is not a medical device. If you use or share information from the app with a healthcare provider, it also applies to the healthcare provider that the app is not a medical device.
The information provided to you by the app is therefore not advice or diagnosis. Nor can the information from the app replace advice from a medical professional. If in any doubt, please contact a medical professional.
To use Feelee, it is required to create an account in which a number of details are requested such as e-mail address, name and password. You are responsible for entering the data correctly and ensuring its accuracy. Secure your account at all times with a good password that you change from time to time. We recommend that you keep your password confidential and do not share it with third parties.
security
The information in the app may contain (special) personal data. We advise you to take your own precautions to prevent misuse and loss of that data. In particular, prevent your phone or tablet or other medium from being lost or stolen. If this does happen, report it as soon as possible. And always secure your phone or other medium with a good PIN code that you change from time to time.
your responsibilities
The operation of the app is based on information provided and approved by you. The app responds to information provided by you and it is your responsibility to fill in the information provided properly, completely and truthfully. In doing so, you must not violate the rights of others and must always act in accordance with the law. You are also responsible for checking the information you provide and verifying from time to time that it is still correct and up to date. Furthermore, you are responsible for the use of the output of the information collected and it is up to you, if you wish or if you think it is necessary, to seek timely professional advice, for example from a GP or psychologist. Using the app requires a smartphone or tablet plus internet. You are responsible for internet access, internet costs and proper security of your internet connection, among other things. You are also responsible for the costs of data traffic and the like.
Furthermore, you should always use your common sense. So only use the app when you want to; when you really can and when it is safe. For example, never use the app when you are on a bicycle or scooter or when you are busy with something else.
You are not allowed to use the app for commercial purposes or to use the app for actions that, in the reasonable opinion of Feelee, are considered contrary to the purpose and intended use of the app. For example, it is not allowed to use offensive usernames. In case of violation of these terms and conditions, Feelee is entitled to terminate access to the app.
intellectual property
All rights to and in the app and related services and products are and will remain with Feelee at all times. You only receive a right of use to the app. It is, for example, not allowed to reproduce or disclose the app and/or parts thereof or in any other way violate the intellectual property rights of Feelee.
privacy
By using our app, we process your personal data. For more information on the processing of your personal data, please refer to our privacy statement below.
liability
Feelee makes every effort to display the data in the app as carefully and up-to-date as possible. We also strive to ensure that the app is easy to read. We cannot guarantee that all information displayed by the app is always correct or up-to-date. The use of the app and the information available in the app and the outcomes and consequences thereof are at your own risk.
If the app - contrary to the provisions of these general terms and conditions - is nevertheless used as a medical device and/or to replace a medical diagnosis, Feelee is not liable for any consequential or other (immaterial) damages that might result.
Feelee does not guarantee the flawless or uninterrupted functioning of the app and/or the connection and Feelee is not liable for damages resulting from (temporary) unavailability of the app.
use at own risk
Use of the app is entirely at your own risk and responsibility. The user may terminate the use of the app at any time, by deleting the account, removing the app from the mobile device or uninstalling it. We do not provide support in using the app. Please contact a medical professional with any questions or comments especially with a medical component or within any medical context.
applicable law and other conditions
These terms of use and other conditions relating to the app and associated services and products are governed exclusively by Dutch law. All disputes arising in connection with these terms of use and/or the use of the app shall be settled exclusively by the competent court of the District Court Midden-Nederland location Utrecht, the Netherlands, unless otherwise required by the laws of the country where the user has its habitual residence.
privacy statement
We think your privacy is important, so we want to explain to you what we do with the information you share with us through the Feelee app.
who are we?
The Feelee app is offered to you by Stichting Garage2020 established in Amsterdam (KvK number 70274525) and Greenberry B.V. established in Utrecht (KvK number 70274525). Stichting Garage 2020 (hereinafter also "Feelee") determines how your personal data are processed. Feelee is therefore formally the "controller" and is your single point of contact for questions about the processing of your personal data.
feelee and your privacy
Feelee is responsible when it comes to caring for your personal data that you share with us through the app. This means that Feelee ensures that your data is processed securely and according to the rules. We want you to know that your privacy is important to us, and we will do our best to make sure you feel safe when using our app!
What data do we collect from you, why do we do it and for what reason?
Nr
Purposes for processing personal data
Processing Basis
Personal data
Retention period
1
Offering Feelee app
Execution of the agreement
Name, e-mail address, IP address, type of operating system
As long as you are an active user
2
To provide you with the Feelee service
Permission
Data on measured steps and hours of sleep from Apple Health or Google Fit
Until you revoke consent again
3
Keeping informed of updates and innovations
Legitimate interest
Name, email address
As long as you are an active user or until you unsubscribe from such messages
4
We want to optimally tailor the app to users' needs.
Legitimate interest
Non-personal (anonymous) visit information, such as how often you open the app, whether you answer the questions, view the overview and how long you take.
As long as you are an active user
How do we protect your data?
We make sure your data is secure. We do not share special personal data, such as medical or health information, with third parties. Please ensure that you do not enter medical or other sensitive information into the app yourself either.
Measures we take in protecting your personal data include:
- Information you provide to us is stored encrypted;
- Access to personal data is limited to authorised Feelee staff;
- We keep a log of who accesses the data and what exports are made;
- We only use (sub)processors that guarantee an adequate level of protection. We conclude a processor agreement with all our (sub)processors, which includes a confidentiality obligation. The processors we work with are: HIKE & Forest.
- Personal data that can provide information about your (mental) health are always pseudonymised so that a third party cannot trace that information back to you.
With whom do we share your data?
We only share your personal data with our (sub)processors. We do not share your personal data with other third parties, unless we have obtained your consent (e.g. in the context of scientific research) or if we are required by law to share your personal data with third parties.
Your role in using the app
If you want Feelee to work well, make sure you fill in the information you enter honestly and completely. From time to time, it's a good idea to check that everything is still correct and up-to-date. If you ever feel you need professional advice, such as from a GP, don't hesitate and contact them. We are here to help each other!
What are your rights?
You have rights when it comes to your data.
(i) You have the right to access all personal data we have stored about you. You may also receive a copy of such stored personal data;
ii) You have the right to have your personal data corrected, completed or deleted if the personal data stored about you is inaccurate;
iii) You may withdraw your consent to the storage and processing of your fitness-related data (such as number of steps and hours of sleep) at any time. You can do so yourself by adjusting your privacy settings in the app (under the heading app preferences > access phone data) or on your phone. Alternatively, you can always send us an email stating that you are withdrawing your consent. However, the consequence of withdrawing consent is that we can no longer give you accurate information about your mental state.
iv) You can also have the processing of your personal data terminated immediately by cancelling your account and/or deleting the app. To delete your account and thus all the data we hold on you, go to 'Settings' in the app. There, click on 'change data' and at the bottom on 'delete account'. After confirmation, we will delete all the data we have on you on our database.
v) If you no longer want us to use your personal data to keep you informed of updates and other news, you can object by unsubscribing to the newsletter or by sending an email to privacy@feelee.nl.
vi) If you no longer want us to use information about your use of the app (Non-personal (anonymous) visit information, such as how often you open the app, whether you answer the questions, view the overview and how long you take), you may object by sending an email to privacy@feelee.nlIf you have a complaint about the way Feelee handles your data, in the Netherlands you have the right to file a complaint with the Personal Data Authority (see also www.autoriteitpersoonsgegevens.nl)
Contact
If you have questions about your privacy, or if you want to exercise your rights, please contact us. We are happy to help! You can reach us at the following address:
Rijkstraatweg 145
1115 AP Duivendrecht
Netherlands
Chamber of commerce: 70274525
Phone: +31653823013
Also reachable at info@feelee.nl for general questions or privacy@feelee.nl for any questions about your privacy.
This is also the address you can contact to report a data breach. We hope this privacy statement is clear to you. Remember, your privacy is important to us, and we do our best to keep your information secure.If you have any questions about the privacystatement or the Feelee app, please feel free to contact us. It is important to us that you feel comfortable using the app and that you understand how your data is used.
