Vital Gain Privacy Policy 

Who We Are  

We are Y-4.Com  an IoT Japanese company. We provide Internet and mobile app-based services in Healthcare services, for example: Vital Gain, Genkimiru. 

We explain here our ways of collecting and using information, and how we protect your privacy. In this privacy policy, “personal data” means information that can be used to identify an individual, either from that information alone or from that information and other information we have access to about that individual. We collect both personal and non-personal data to enable and facilitate the best user experience possible. 

What information is collected and how do we use it? 

Important notice regarding your Google Fit data.

Vital Gain’s use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited user requirements.

What Information Do We Collect

Vital Gain collects information about you, including information that directly or indirectly identifies you if you choose to share it with Vital Gain. We receive information when you choose to use our services. We also collect information about how you use our Services. You also have other opportunities to share information with us.

For example:

Account, Profile and Contact Information

We collect basic account information such as your display name, year of birth, birthdate in some cases, email secure your account and provide you with access to the Services.

We collect other profile information such as your profile picture, nickname.

If you purchase a physical item from us that requires fulfillment, we will also collect fulfillment information such as your name, phone number, billing address, and shipping address so that we can fulfill your order and contact you about fulfillment issues.

We will also use your email or other contact information that you provide to us if you contact us about support issues or sales inquiries.

Fitness and Wellness Data

Fitness and wellness data includes data that you provide to us about your fitness habits, fitness and wellness goals, body and vitals measurements like body weight, BMI, height, gender, blood pressure, heart rate, step length, blood pressure, temperature and exercise activities.

It also includes data that is imported or ingested from your connected devices’ sensors when using the Services including step counts, accelerometer readings, barometer readings, and location sensor readings that include GPS coordinates, timestamps, elevation, speed and bearing.

We collect this data in order to provide the Services to you including reporting and analytics, fitness and nutrition recommendations, participation in online challenges and races, and product and feature recommendations.

We also collect Personal Data, including Fitness and Wellness Data when you connect a device or service that integrates with the Services, such as other fitness tracking devices or apps. We may also collect certain information about the device or product such as make, model, and identifying number provided by the device manufacturer.

If you access the Services with Third-Party Account Logins such as Facebook, Apple or Google, we will collect information that you have agreed to make available such as your name and email address. This information is provided to Vital Gain under the privacy policies of the Third-Party Account. You can control the information that Vital Gain receives by adjusting the privacy controls in your Third-Party Account.

Location Data

We collect and process location information when you sign up for and use the Services. By default, we do not track your location while you are not using Vital Gain, but in order to use some of the Services it is necessary for us to track your device location while you are using the Services.

If you would like to stop device location tracking, you may do so at any time by adjusting your device settings.

Types of Personal Data Collected 

  • To provide our services to you, we will ask you to provide the necessary personal data required to provide those services. If you do not provide your personal data, we may not be able to provide you with our products or services. 
  • Set up and log in of Account. Personal data that are collected for creating an Account may include your email address, device-related information(device type), and location information (e.g. location Name in Google Maps). 
  • We may collect your Account ID (or mobile phone number or email address used to create your Account), name, phone number, address and order details, etc. Vital Gain provides support services for users, so we need your information to support when you need it.  
  • We may collect your age, height, weight, and gender. We may also collect other details you provide as part of your profile such as your birthday, picture. 
  • Sync data. When you synchronize the data or when you allow Vital Gain connect with Google Fit, we may collect data relating to your activities and functionalities of health data, such as those obtained from our sensors and features on the band, your sleeping patterns, movement data, heart rate data, and smart alarm related information(Height, Weight, etc.) 
  • Sharing your content. You hereby represent and warrant that you have obtained the necessary consent for use of third parties’ personal data if you choose to provide them to us. When you share the content please note that other users may see personal data you share. 

How the Personal Data is used 

We explicitly affirm that Google Workspace APIs are not used, to develop, improve, or train generalized Artificial Intelligence (AI) and/or Machine Learning (ML) models within our products or services.

We use the information we collect from you or that you provide to us, including personal data, in the following ways:

  • To provide you with our products and services, processing your orders, performing contractual obligations between you and us, to ensure the functions and safety of our products, to verify your identity, to prevent and trace fraudulent or inappropriate usage. 
  • To develop our products and services, together with general and statistical information 
  • To communicate with you, including providing you with notifications on products and services that are updated or launched. 
  • To provide a health care guide. 
  • To conduct investigations regarding our products and services. 
  • To provide maintenance services, monitor software licenses, to improve our products, or analyze the efficiency of our operations. 

Other Information 

We use statistical data that does not specifically identify you (non-personal data) to help in our operations and improve our products and services and provide a better user experience for you. 

Here are some of the non-personal data we may collect and how we use them: 

  • When you create an Account, download our software, we may collect your language preferences, the time zone in which you use our products and services. 
  • When you use our services or functions that are based on location information, e.g. carry out a location search, use weather functions, access information based on maps, etc., we may collect your geographical information. 
  • When you use our app online services, interactive applications, we may connect with Google API to collect and store data(ex: Step, heart rate, height, weight, blood pressure, nutrition, oxygen saturation, blood glucose, body temperature, calendar event). These enable us to provide you with a better experience and improve our overall service quality, e.g. in saving your preferred language settings. 
  • When you first use and activate your Band or Scale, the device’s unique identification code and approximate geographical information may be collected. 

You have control over your information! 

We recognize that privacy concerns differ from person to person. Therefore, we provide examples of ways we make available for you to choose to restrict the collection, use, disclosure, or processing of your personal data and control your privacy settings, such as controlling the settings under the User Experience Improvement Program, Location Access functions, and your Account. 

If you have previously agreed to us using your personal data for the abovementioned purposes, you may change your mind at any time by writing or emailing us at support@vitalgain.jp  

 

Access, Updating, or Correcting Your Personal Data 

  • You have the right to request access and/or correction or any other personal data that we hold about you. When you update your personal data, you will be asked to verify your identity before we proceed with your request. Once we obtain sufficient information to accommodate your request for access or correction of your personal data, we shall process it by the laws of your country. While we try our utmost in acceding to your requests, unreasonably repetitive or unrealistic requests or those that put others’ privacy at risk may be declined.
  • We normally provide such services for free but reserve the right to charge a reasonable fee.
  • If you believe any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the email address below.

Email: support@vitalgain.jp 

Withdrawal of Consent 

  • You may withdraw your consent for the collection, use, and/or disclosure of your personal data in our possession or control by submitting a request. This may be done by sending a request in function contact us in-app or email to support@vitalgain.jp. We will process your request within a reasonable time from when the request was made, and thereafter not collect, use and/or disclose your personal data as per your request.
  • Please recognize that your withdrawal of consent could result in certain legal consequences. Depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that you will not be able to enjoy Vital gain’s products and services.

Who do we share your information with? 

Unless we tell you in this privacy policy, we will keep your personal information confidential. We may disclose your personal data on occasion to third parties to provide the products or services that you have requested.  

Disclosure may include the scenarios listed in the section below. In each case described in this section, you can be assured that Vital Gain will only share your personal data with your consent. You should know that when Vital Gain shares your personal data with a third party under any circumstance described in this section, Vital Gain will ensure that the third party is subject to practices and obligations to comply with the relevant data protection and privacy laws of your country. Vital Gain will contractually ensure compliance by any foreign Third Party Service Providers with the privacy standards that apply in your home jurisdiction. 

Disclosure to Vital Gain group companies and Third-Party Service Providers 

  • Personal data will only be shared by Vital Gain to provide or improve our products or services and will not be shared for use for marketing purposes.

 

Disclosure to Others 

Vital Gain may disclose your personal data without further consent if required or permitted by law in the following cases: 

  • Cases in which the disclosure is required or authorized based on the applicable laws and/or regulations;
  • Cases in which the disclosure is necessary to respond to an emergency that threatens the life, health, or safety of the individual or another individual;
  • Cases in which the disclosure is necessary for the prevention of crime or legal proceedings;
  • Cases in which the purpose of such disclosure is clearly in the individual’s interests, and if consent cannot be obtained in a timely way;
  • Cases in which the disclosure is necessary for any investigation or proceedings;
  • Cases in which the disclosure is to any officer of a prescribed law enforcement agency upon production of written authorization signed by the head or director of that law enforcement agency, or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;
  • Cases in which the disclosure is to a public agency and such disclosure is necessary for the public interest.

Information Not Requiring Consent 

  • We may share anonymized information and statistics in aggregate form with third parties for business purposes, for example with advertisers on our website, or we may tell our business partners the number of customers in certain demographic groups who purchased certain products or who carried out certain transactions.
  • For the avoidance of doubt, in the event that we are permitted by law to collect, use or disclose your personal data without your consent, such permission granted by the law shall continue to apply.

Information Storage and Safety Safeguards 

We are committed to ensuring that your personal data is secure. To prevent unauthorized access, disclosure, or other similar risks, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We have put in place the following security procedures and technical and organizational measures to safeguard your personal data: 

  • Your personal data is stored on secure servers that are protected in controlled facilities.
  • All data saved in the back-end is classified into different levels based on the importance and sensitivity of the data, e.g. whether the data contains personal data.
  • Data exchanged between Vital Gain devices and servers are encrypted using Secure Sockets Layer (“SSL”).
  • There is a regular review of information collection, storage, and processing practices, including physical security measures, to guard against unauthorized access to systems.
  • Access is restricted to Vital Gain employees and Third Party Service Providers who need to know that the information to process it, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet such obligations.
  • There are also access controls for all server clusters used for cloud-based data storage and process.
  • Most data used for Vital Gain’s products and/or services is stored in a storage system. By using a column family-based access control mechanism, Vital Gain employees are only allowed access to the data column families they are granted access to.
  • Please note also that for the above, Vital Gain may use overseas facilities operated and controlled by Vital Gain to process or back up your personal data. 

Information safety is very important to us. We will take all practicable steps to safeguard your personal data. Through our protective measures above, especially encrypted storage and transmission, your data is as secure as it can be. Certain details of encrypted data cannot be accessed by anyone except by you. 

Retention period and deletion of personal data

We will set a retention period for your personal data, and delete it after the retention period has ended. Furthermore, if there is no longer a need to use the data, even if it is within the retention period, we will endeavor to delete it without delay.

Stopping the acquisition of health information, etc., and stopping the provision of health information to third parties to which you have given your consent, etc.

  • You can stop our acquisition of your health information, etc. by ceasing to link your Vital gain account with other companies’ data management services and the use of our devices.
  • This app does not provide a means to stop the acquisition of your health information, etc. through the linking of your Vital gain account with other companies’ data management services and the use of our devices. If you wish to stop the acquisition of your health information, etc. through the linking of your Vital gain account with other companies’ data management services and the use of our devices, please delete this app or cancel your Vital gain account.
  • If you wish to delete your own personal data held by our company, we will delete it after confirming that you are the person making the request.
    Please contact us by clicking the delete button in “Settings” > “Security” in the app.
    To confirm your account deletion request, we will send an email with a link to consent to deletion to the email address you have set up in advance. After consent to deletion is confirmed by the secretariat, your account and all data will be deleted from all systems at once.

When this Privacy Policy applies 

Our Privacy Policy does not apply to products and services offered by a third party. Vital Gain products and services may include a third party’s products or services. When you use such products or services, they may collect your information too. For this reason, we strongly suggest you read the third party’s privacy policy as you have taken time to read ours. We are not responsible for and cannot control how third parties use personal data which they collect from you. Our Privacy Policy does not apply to other sites linked to our services. 

Minors 

We consider it the responsibility of parents to monitor their children’s use of our products and services. Nevertheless, it is our policy not to require personal data from minors or offer to send any promotional materials to persons in that category. Vital Gain does not seek or intend to seek to receive any personal data from minors. Should a parent or guardian have reasons to believe that a minor has provided Vital Gain with personal data without their prior consent, please contact us to ensure that the personal data is removed and unsubscribe them from any of the applicable Vital Gain services. 

Updates To The Privacy Policy 

We keep our Privacy Policy under regular review. If we change our Privacy Policy, we will post the changes on all the Vital Gain websites, so that you may be aware of the information we collect and how we use it. Such changes to our Privacy Policy shall apply from the time that we post the same on the Vital Gain websites. Your continued use of products and services on the websites, mobile phones, and/or any other device will be taken as acceptance of the updated Privacy Policy. We will seek your fresh consent before we collect more personal data from you or when we wish to use or disclose your personal data for new purposes.