Privacy Policy of the DIAGME Application

Information Form

Note: The DIAGME application provides general information and suggestions supporting health prevention, such as laboratory tests, blood pressure measurement, or dietary supplementation. DIAGME is not a medical device within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council and the Act of 7 April 2022 on medical devices, and is not intended for diagnosing, treating, monitoring, or preventing diseases. All health decisions should be made after consulting with a physician.

1. Personal Data Administrator

The administrator of personal data is DIAGME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (LIMITED LIABILITY COMPANY), registered in the National Court Register (KRS) maintained by the District Court for Kraków-Śródmieście in Kraków, Commercial Division of the National Court Register, with the following details:

2. Contact Information

You can contact the data administrator regarding all matters related to the processing of personal data or exercising rights related to data processing:

• Email: [email protected]
• Post: ul. Topolowa 22, 32-082 Więckowice, Poland

3. Data Source

Personal data is voluntarily provided by you directly at the time of registration or while using the service. Data may also be obtained automatically in the following cases:

• Wearables and health apps – DIAGME can import health and activity data in three ways: from Apple Health on iPhone (including data recorded by an Apple Watch), from Health Connect on Android (including data written there by watch and fitness apps such as Samsung Health, Fitbit or Garmin Connect), and from Garmin Connect through Garmin's own interface (Section 9). Apple Health and Health Connect are read on your device, only for the categories of data you grant on the system permission screen. Each connection is optional and is started by you in the Application, in the Profile tab under Wearables. DIAGME only reads data from these sources; it never writes data into Apple Health or Health Connect.
• Medical laboratories – if you consent, data is automatically retrieved from entities performing medical tests (e.g., laboratories cooperating with the badania.pl service, such as complete blood count or lipid profile) – only after displaying a message and obtaining your consent.
• DUOLIFE S.A. – if the User takes part in the “DIAGME Satisfaction Guarantee” program („Gwarancja Satysfakcji DIAGME”), DIAGME may receive from DUOLIFE S.A. data identifying the User and the purchase, information about the Set chosen, the Participant's status, and the submission and handling of a refund request, to the extent necessary to operate the Program.

Providing personal data is voluntary, but failure to provide it or limiting its scope may result in inability to deliver the services, or delivering them incompletely.

4. Scope of Personal Data Processed

For the purpose of suggesting general preventive actions – such as laboratory tests, blood pressure measurement, doctor consultations, or dietary supplementation – the following data is processed:

• Email address
• First and last name
• Gender
• Date of birth
• Phone number
• Medical test results (provided directly by the user or automatically retrieved from testing entities)
• History of performed tests, including price and laboratory location
• Information about the user's lifestyle (provided directly or automatically retrieved from authorised entities)
• Health and activity data from a connected wearable source (Apple Health, Health Connect or Garmin), only for the categories you allowed: activity data (steps, floors climbed, active and resting energy, exercise time), heart data (heart rate, resting heart rate, heart rate variability, VO2 max), oxygen saturation and respiratory rate, sleep (sleep periods and sleep stages), body measurements (weight, height, body fat, lean body mass, body temperature), blood pressure, blood glucose, and nutrition data (energy, carbohydrates, fat, protein)
• Uploaded meal photos and related measurements
• Uploaded photos of measuring devices (e.g., a scale printout or a blood-pressure monitor display) and the readings detected on them
• Information about the Set presented to the User in the Application and about the Set chosen and purchased by the User in the DUOLIFE Store, to the extent necessary to link the purchase to the User's account and to operate the Program

If you have consented to marketing communication, your email address is also used for that purpose.

These suggestions are informational in nature and do not constitute medical advice, diagnoses, or a replacement for consultation with a doctor. The data is also used to verify identity during registration and – for Users taking part in the Program – to link information about the purchased Set to the User's account.

For Users taking part in the “DIAGME Satisfaction Guarantee” program („Gwarancja Satysfakcji DIAGME”), the following may also be processed:

• the User's identifier in DIAGME and in DUOLIFE;
• information about the Set chosen and purchased;
• the start and end dates of the Program;
• information about the activity of the account and of the DIAGME Package;
• the Program History and the final Activity Index;
• information about the completion of the actions and tests required under the Program;
• test results and other data concerning health entered into the Application;
• information about the refund request and its handling.

Data concerning the course of the Program, including detailed information about diet, fluid intake, sleep and physical activity, test results and other data concerning health, is processed by DIAGME within the Application. This data is not shared with DUOLIFE S.A. merely because the User has joined the Program.

Once the User has submitted a refund request, DIAGME may pass to DUOLIFE S.A. only the information necessary to verify that the formal conditions of the Guarantee are met and to handle the request, comprising: the User's identifier, the start and end dates of the Program, information about the activity of the account and of the DIAGME Package, the final Activity Index, and confirmation whether the User completed the required actions and tests within the applicable deadlines. DIAGME does not pass to DUOLIFE S.A. detailed information about diet, fluid intake, sleep or physical activity, test results, medical records, a diagnosis, a description of the state of health or any other detailed data concerning the User's health.

Where there is a justified doubt as to whether an improvement occurred in the area covered by the Program, DIAGME may pass to the Verifying Entity the data necessary to compare the results of tests performed before the Program started and after it ended. The Verifying Entity passes directly to DUOLIFE S.A. only the information whether the verification confirmed the lack of improvement in the results, without passing on any detailed data concerning the User's health.

5. Purposes and Legal Bases for Processing

6. Data Storage Period

• Account deletion: Data assigned to the account is deleted within 30 days of receiving an effective request to delete the account, except for data whose further storage is necessary to comply with a legal obligation or for the establishment, exercise or defence of legal claims.
• Data concerning health: The User may at any time withdraw consent to the processing of data concerning health within the standard features of the Application, or request its deletion. This does not affect the lawfulness of earlier processing. The data may continue to be stored to the extent necessary to comply with a legal obligation or for the establishment, exercise or defence of legal claims.
• Wearable data: Disconnecting a source in the Profile tab, under Wearables, stops further imports and deletes the data DIAGME imported from that source within 30 days, subject to data whose further storage is permitted under applicable law. Withdrawing a permission in Apple Health or Health Connect stops further reads; data already imported stay in your account until you disconnect the source, delete your account or make an effective request for its deletion.
• Inactivity: Data assigned to an inactive account is deleted after 36 months from the User's last activity, except for data whose further storage is necessary to comply with a legal obligation or for the establishment, exercise or defence of legal claims.
• Accounting and tax data: Concerning services provided directly by DIAGME, in particular the DIAGME Package, is stored for the period required by applicable law. Documents concerning the purchase of a Set from DUOLIFE are processed by DUOLIFE on the terms set out in its sales and data-protection documents.
• Marketing data: Processed until consent is withdrawn.

Data related to the “DIAGME Satisfaction Guarantee” program („Gwarancja Satysfakcji DIAGME”) is stored for the duration of the Program and the handling of the refund request, and then for the period necessary to settle the Program and until the limitation periods for claims related to it expire. Data concerning health processed on the basis of consent is stored no longer than necessary to achieve the purposes covered by the consent, unless further processing is permitted on another legal basis.

7. Data Recipients

Your data may be shared with the following categories of recipients:

• IT service providers, hosting, payment and logistics companies – based on data processing agreements (Art. 28 GDPR).
• Badania.pl – in connection with offering and arranging laboratory tests, handling orders and making test results available. Badania.pl processes the data it receives as a separate controller, in accordance with its own data-processing notice. The data may subsequently be processed by the laboratories performing the tests, to the extent necessary to carry out the order.
• AI and document-processing services operated by Amazon Web Services (Amazon Bedrock, Amazon Textract) – as our processor, for the analyses described in Section 5: meal photos with the optional description you add and your profile language and country; uploaded laboratory result documents and their recognized text, including the personal details printed on them; photos of measuring devices; and, as described in Sections 9 and 10, wearable data. Your data is not used to train general AI models.
• Public authorities (e.g., tax office) – if required by law (Art. 6(1)(c) GDPR).
• Marketing agencies – only if you have consented to marketing communication.
• DUOLIFE S.A., with its registered office in Więckowice – if the User submits a refund request under the “DIAGME Satisfaction Guarantee” program („Gwarancja Satysfakcji DIAGME”), DIAGME may pass to DUOLIFE S.A. only the information necessary to verify that the formal conditions of the Guarantee are met and to handle the request: the User's identifier, the start and end dates of the Program, information about the activity of the account and of the DIAGME Package, the final Activity Index, and confirmation whether the required actions and tests were completed within the applicable deadlines. DUOLIFE S.A. does not obtain permanent access to the User's Account or to the data stored in the Application, and does not receive detailed information about diet, fluid intake, sleep or physical activity, test results, medical records, a diagnosis, a description of the state of health or any other detailed data concerning the User's health.
• Verifying Entity – where there is a justified doubt as to whether an improvement occurred in the area covered by the Program, DIAGME may pass to the Verifying Entity the data necessary to compare the results of the User's tests performed before the Program started and after it ended. The Verifying Entity passes directly to DUOLIFE S.A. only the information whether the verification confirmed the lack of improvement in the results. It does not pass to DUOLIFE S.A. test results, medical records, a diagnosis, a description of the state of health or any other detailed data concerning the User's health.

DUOLIFE S.A. receives the information passed to it as a separate controller and processes it in order to verify that the conditions of the Guarantee are met, to handle the refund request and, where applicable, for the establishment, exercise or defence of legal claims, on the terms set out in DUOLIFE's information clause for the “DIAGME Satisfaction Guarantee” program.

DIAGME uses Apple Health and Health Connect only to read the data covered by the permissions granted by the User and does not write data into these services. Apple and Google process the data held in their services on the terms set out in their own documents and privacy settings.

8. Transfer of Data Outside the EEA

Your personal data may be transferred to recipients located in countries outside the European Economic Area, in particular in connection with the use of IT or AI service providers, where the way a given service is provided requires it.

Where such a transfer takes place, it is based on an appropriate mechanism provided for in Chapter V of the GDPR, in particular a European Commission decision finding an adequate level of protection or the standard contractual clauses adopted by the European Commission, with additional safeguards applied where required.

Information about the transfer mechanism used, and a copy of the relevant safeguards or information about where they are made available, can be obtained by contacting DIAGME at [email protected].

Photos and documents sent to AI services are transmitted without your account data, such as your e-mail address or account identifier, beyond the data visible in the content of the document itself and the information necessary to perform the requested analysis. The data is used only to carry out that analysis and is not used to train general AI models.

For detailed information, contact: [email protected]

9. Garmin Data

If you choose to connect your Garmin account, you authorise the connection directly with Garmin (OAuth 2.0) and can disconnect it at any time in the Application. From Garmin we receive only a technical account identifier and the health and activity data you permit Garmin to share (such as activity, sleep, heart-rate and other wellness measurements), including historical data recorded before the connection. We do not receive your name or e-mail address from Garmin.

Use. Garmin data is used solely to provide the Application's features: displaying your measurements, computing derived metrics and wellness scores, and generating recommendations and notifications about your lifestyle and progress. To generate such insights, Garmin data may be processed by an artificial-intelligence service (Amazon Bedrock), operated by our hosting provider Amazon Web Services as our processor; your data is not used to train general AI models. Garmin data is never used for advertising and never sold.

Storage. Garmin data is stored on Amazon Web Services (AWS) infrastructure; Garmin access credentials are additionally encrypted with dedicated keys.

Sharing. Garmin data is not shared with third parties for their own purposes. It is processed only by our sub-processors: Amazon Web Services (hosting and the AI service described above). If the same Garmin account is connected to more than one Application account, data from that Garmin account is available to each of them.

Deletion. When you disconnect Garmin or delete your Application account, your Garmin connection and the stored Garmin records are deleted. Revoking access on Garmin's side has the same effect.

10. Apple Health and Health Connect Data

If you choose to connect Apple Health (on iPhone, including data recorded by an Apple Watch) or Health Connect (on Android, including data written there by watch and fitness apps such as Samsung Health, Fitbit or Garmin Connect), your device shows a system permission screen on which you choose which categories of data DIAGME may read. Each connection is optional and is started by you in the Application, in the Profile tab under Wearables. DIAGME only reads data from these sources; it never writes data into Apple Health or Health Connect.

Depending on your choice, DIAGME reads: activity data (steps, floors climbed, active and resting energy, exercise time), heart data (heart rate, resting heart rate, heart rate variability, VO2 max), oxygen saturation and respiratory rate, sleep (sleep periods and sleep stages), body measurements (weight, height, body fat, lean body mass, body temperature), blood pressure, blood glucose, and nutrition data (energy, carbohydrates, fat, protein). DIAGME reads only the categories you have allowed.

Use. Apple Health and Health Connect data is used solely to provide the Application's features: displaying your measurements and health indicators, calculating your activity and nutrition summaries, and personalizing your schedule of preventive activities and your recommendations – and for nothing else. To generate such insights, this data may be processed by an artificial-intelligence service (Amazon Bedrock), operated by our hosting provider Amazon Web Services as our processor; your data is not used to train general AI models. Apple Health and Health Connect data is never used for advertising and never sold.

Storage. The data is read on your device and transmitted in encrypted form to DIAGME servers on Amazon Web Services (AWS) infrastructure, where it is stored together with your account and marked with the source it came from (the watch or app that recorded it).

Sharing. Apple Health and Health Connect data is not disclosed to third parties for their own purposes. It is processed only by our sub-processors: Amazon Web Services (hosting and the AI service described above). Personalized analyses based on it are shown only to you. No person is given access to this data except with your consent or where the law requires it, and it is never used to train general AI models.

Deletion. You can disconnect a source at any time in the Profile tab under Wearables; disconnecting deletes the data that DIAGME imported from that source. You can also withdraw individual permissions in the Apple Health or Health Connect settings on your device; DIAGME then stops reading those categories, while data already imported remain in your account until you disconnect the source or delete your account. Deleting your account erases all of your data, including data imported from wearables.

Limited Use. DIAGME's use of information received from Health Connect adheres to the Health Connect Permissions policy, including the Limited Use requirements.

11. Your Rights

You have the right to:

• Access your personal data (Art. 15 GDPR)
• Rectify inaccurate or incomplete personal data (Art. 16 GDPR)
• Delete your personal data when conditions in Art. 17 GDPR are met
• Restrict processing of your personal data (Art. 18 GDPR)
• Data portability – receive your data in a structured, commonly used, machine-readable format and transfer it to another controller, where processing is based on consent or a contract and carried out by automated means (Art. 20 GDPR)
• Object to processing in cases specified in Art. 21 GDPR
• Lodge a complaint with the President of the Personal Data Protection Office (PUODO), if the User considers that the processing of their data infringes the GDPR

To exercise these rights, contact the Administrator using the contact details given in Section 2. The Administrator will provide information on the action taken in connection with the request without undue delay, and no later than one month from receiving it. Where necessary, given the complexity of the request or the number of requests, this period may be extended by a further two months. The Administrator will inform you of the extension and its reasons within one month of receiving the request, in accordance with Art. 12 GDPR.

Where processing is based on consent, the User may withdraw it at any time, without affecting the lawfulness of processing carried out before the withdrawal. With regard to processing based on Art. 6(1)(f) GDPR, the User may object on grounds relating to their particular situation. The Administrator may continue to process the data if it demonstrates compelling legitimate grounds, or if the processing is necessary for the establishment, exercise or defence of legal claims.

12. Voluntary Nature of Data Provision

Providing personal data is voluntary; however, some data is necessary to create an account, to use selected features of the Application, or to perform the contract concluded with the User.

• Providing the data needed to create an account and use the basic features of the Application is voluntary, but failing to provide it may make it impossible to create an account or to use the relevant feature.
• Providing billing data may be necessary to issue an accounting document for services provided directly by DIAGME, in particular the paid DIAGME Package. The data required to purchase a Set, make the payment, issue the invoice and deliver the order is provided to DUOLIFE directly by the User in the DUOLIFE Store.
• Uploading meal photos is entirely voluntary. Users may use all other application features without sharing meal photos.
• Connecting Apple Health, Health Connect or Garmin is entirely voluntary. Users may use the application without connecting any wearable source.
• Submitting a refund request under the Guarantee makes it necessary to process the data needed to verify that the conditions of the Guarantee are met and to handle the request. DIAGME passes to DUOLIFE S.A. only a limited report on whether the formal conditions of the Guarantee are met, to the extent described in Sections 4 and 7. The report contains no detailed data concerning health and no detailed history of the User's diet, fluid intake, sleep or activity. Where there is a justified doubt, the detailed data necessary to compare test results may be received by the Verifying Entity, which passes to DUOLIFE S.A. only the result of the verification. A lack of the data necessary to carry out the verification may make it impossible to establish whether the refund request is justified.

13. Automated Decision-Making

Your personal data may be automatically analyzed to present general preventive suggestions (e.g., laboratory tests, blood pressure measurement, dietary supplementation). These suggestions are informational only – they do not constitute a diagnosis or medical advice and do not replace a doctor's consultation.

Meal photos, photos of measuring devices and uploaded laboratory documents may be automatically analyzed by AI systems to recognize ingredients and estimate nutritional values, to read the displayed measurements, or to extract the test results. This analysis is purely informational and does not lead to automated decision-making with legal effects (Art. 22 GDPR).

14. Data Safeguards

We implement appropriate technical and organizational measures to protect your data, including:

• Encryption during transmission (SSL/TLS) and storage (AES-256)
• Data stored on EU-based servers meeting GDPR requirements
• Access limited to authorized employees only
• Regular security audits and penetration tests
• Photos and documents are sent to AI services without your account data; a meal photo is accompanied only by the optional description you add and the language and country from your profile

Where required by Art. 35 GDPR, processing of health data is subject to a Data Protection Impact Assessment (DPIA) to minimize risk.

15. Dietary Supplements and Consumer Rights

The DIAGME Application may present the User with information about Sets comprising dietary supplements or other foodstuffs offered by DUOLIFE S.A., and may enable the User to proceed to the DUOLIFE Store. The presentation of a Set in the Application is informational and does not oblige the User to make a purchase.

The seller of the Sets is DUOLIFE S.A. DIAGME is not a party to the contract for the sale of a Set, does not take payment for a Set, does not issue sales documents for a Set and is not responsible for its delivery.

A Set is purchased in the DUOLIFE Store on the terms set out in the sales regulations and the data-processing notice made available by DUOLIFE before the order is placed. DUOLIFE processes the data necessary to accept and fulfil the order, take the payment, issue the sales document, deliver the Set and honour consumer rights.

DIAGME may receive from DUOLIFE information about the Set chosen and purchased, the User's identifier, the date of purchase and the order status, only to the extent necessary to link the purchase to the User's account and to operate the “DIAGME Satisfaction Guarantee” program.

The rules for exercising the right to withdraw from the contract for the sale of a Set, for making complaints about a Set and for exercising rights relating to the non-conformity of goods with the contract are set out in DUOLIFE's sales documents and in applicable law.

The supplementation suggestions presented in the Application are general and informational in nature. Dietary supplements are foodstuffs, not medicinal products, and are not intended to diagnose, treat or prevent diseases.

16. User Traffic Tracking

We collect data about your activity in the DIAGME app and on diagme.online (e.g., visited sections, time spent, clicks, feature interactions). This data may be anonymized or linked to your user identifier if you have consented. Cookies and similar technologies may be used.

Purposes:

• Improving application quality (UI and functionality optimization)
• Technical diagnostics (detecting and fixing errors)
• Marketing (adapting advertising content, if consent given)

Legal basis: Data necessary to ensure security, diagnose errors and keep the Application working properly may be processed on the basis of the administrator's legitimate interest (Art. 6(1)(f) GDPR). Data used for analytics, personalization or marketing purposes, linked to the User's or device identifier, is processed on the basis of consent where consent is required (Art. 6(1)(a) GDPR). Effectively anonymized information does not constitute personal data and may be used for statistical analyses without the possibility of identifying the User.

You can manage tracking preferences in the application settings or on the website. Data linked to your identifier is stored until consent is withdrawn or for up to 36 months from last activity. Anonymized data may be stored indefinitely.

17. Privacy Policy Updates

The administrator reserves the right to update this Privacy Policy in response to changes in legislation, technology, or data processing practices. Users will be notified of any changes through the application or website with appropriate advance notice.

DIAGME Sp. z o.o. – [email protected] – ul. Topolowa 22, 32-082 Więckowice, Poland