Effective and last updated: February 17, 2023
Information We Collect From You
When you use or access the Services, we may collect personal information generally of the kind we ask for to provide the Services and what arises from those Services, such as the following:
- Contact information, such as your name, email address, country, street addresses, and phone numbers.
- Demographic and profile information, such as your gender, photographs and images, responses to chronotype assessment questions regarding your habits, lifestyle, and preferences, and any other profile or demographic information you may choose to provide.
- Authentication information, such as usernames and passwords for access to the Services.
- Wi-fi network information, including network names, usernames, and passwords.
- Payment information, such as payment card numbers, expiration dates, and verification value numbers.
- Sleep tracking and quality information, such as your, height, weight, time spent asleep, sleep temperature, sleep quality and any other data you provide about your sleep.
- Educational information or professional or employment-related information, such as your educational institution, job title, or information you submit in connection with an application for employment, such as your resume.
- Information you submit when you contact us through the Services.
We may collect certain other personal information about you when:
- you communicate with us online;
- you request marketing materials;
- you take part in any trade promotions, testimonials, surveys or focus groups we are involved in conducting;
- you deal with us in other ways involving the need for personal information to be provided such as when you contact us.
When we collect personal information about you, we do so by making a record of it. Our records are generally stored in computer systems. These may be operated by us or by our service providers.
We also may collect certain other information automatically when you visit or use the Services, such as the following:
- Browser and Device Information: Certain information is automatically collected by most browsers or through your device, such as information about your device (such as IP address and MAC address), operating system, and Internet browser. We use this information to ensure that the Services function properly.
- Sleepme Devices and Control Units and Applications: Sleepme device(s) may automatically collect and transmit information about the device, such as the model, serial number, Wi-fi network information, software version, environmental information, such as the device temperature settings and when the temperature is adjusted, and other information about the device and control unit’s operations, such as power consumption, runtime, and when the device is activated or deactivated.
- IP Address: Your IP address is a number that is automatically assigned to the device that you are using by your internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering our Services. We may also derive and collect your approximate location from your IP address to understand from what regions of the world our website visitors come.
- Location Information: We will receive your location and other data that indicates your location, such as your IP address.
If you choose to link or connect the Services with a third-party service, the third-party service may provide us information about you, including sleep quality and tracking information, such as your sleep time, heartrate and heartrate variability, respiratory rate, body temperature, sleep quality, and any other data you provide about your sleep. Your use of those third-party services, including those third-party services’ information practices and provision of your personal information to us, is governed by those third-party services’ privacy policies and any relevant terms, conditions, or authorizations to which you have agreed.
We may also receive information about you from other users of the Services, such as when they invite you to use, manage, and control the Services or devices we offer or nominate you for our promotions and giveaways.
How We Use, Disclose, and Otherwise Process Information We Collect From You
As a general matter, we use, disclose, transmit, transfer, store, and otherwise process your information to provide the Services when we have an appropriate legal basis. We may process the information we collect from you for the following purposes.
1. For our customers’ and our legitimate interests, consistent with your rights and appropriate to the context, in order to:
- Provide the Services and offer our products to you, our customers, and users, including customizing your experiences and offering our products on third-party websites and online services.
- Perform internal business operations, such as operating, evaluating, supporting, and improving our organization, products, and services, including developing new products and services, performing market research and data analytics, providing websites and applications, performing accounting, auditing, billing, reconciliation, and collection activities, and performing other internal business operations, including as described elsewhere in this Policy.
- Manage advertising and marketing activities, including engaging in targeted and cross-context behavioral advertising and offering surveys, contests, giveaways, and other promotions.
- Understand how our users, and our customers use our Services and to determine what features and services may interest our users, and our customers.
- Modify our site features or operation.
- Communicate with you, including for marketing purposes, and respond to your requests.
- Create aggregate or deidentified data.
- Completing transactions and performing our contractual obligations.
- Debug, identify, or repair errors or effectuate similar functional enhancements in connection with our Services.
- Recruit and hire, including evaluating and processing your employment application.
- Calculate user levels and diagnose server problems.
- Store information about your preferences and recognize you when you use the Services.
- Determine your location.
- Protect the legal rights, property, safety, and security of us, our users, our employees, and others.
- Comply with applicable law, court orders, legal process, governmental or regulatory requests, and industry standards.
- Investigate or prevent unlawful activities or misuse of the Services.
- Sell or transfer some or all of our assets, evaluate potential mergers, merge with another organization, or otherwise divest, restructure, reorganize, or dissolve our organization.
- Accomplish such purposes as you may authorize or direct.
3. To the extent you provide your consent, such as to permit us to use, disclose, transmit, transfer, store, and otherwise process your sleep tracking and quality information to allow you to evaluate the quality of your sleep or to allow us to analyze the effectiveness of and improve our products and services, or if we request to process your personal information for a purpose that is not already identified by this Policy.
4. To comply with legal obligations.
We retain and store personal information for as long as we reasonably need it to fulfill the purposes for which it was collected, including provision of services to our customers and to comply with law, as applicable. For example, if you register for our services and create an account, we will store your information for as long as needed to maintain your account, provide the services you requested, enforce any applicable terms that govern your use of the services, and maintain appropriate records to reflect our delivery of services to you. We periodically review the personal information we retain to determine whether continued storage is proper.
We may disclose personal information we collect from you to third parties, including:
- To our other customers and users, such as users you invite or who invite you to operate shared devices through the sleepme application or users with whom you interact through in-application community features of the Services.
- To our affiliates.
- To our business partners, including marketing affiliates.
- To third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- To our contractors, service providers, and other third parties we use to support our organization, including third-party websites and online services where we offer our products and service providers we use to communicate to you, including via email and text message.
- To communicate with you and others, including to market our services.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To investigate or prevent unlawful activities or misuse of the Services.
- To protect the rights, property, or safety of us, our users, or others.
- To a buyer or other successor or organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceeding.
- For such purposes as you may authorize.
You may choose not to provide the personal information we request. However, not providing information we request may restrict your ability to use certain features of the Services. For example, you may be able to restrict the collection of personal information or functionality through your device's operating system or by disabling cookies, but doing so may prevent you from using the functionality of the Services. You may also choose to delete your account and/or unsubscribe from email communications. Some internet browsers have a "do-not-track" feature that let you tell websites that you do not want to have your online activities tracked. At this time the Services do not respond to browser "do not track" signals. We may allow third parties, including social networking sites such as Facebook, to use the Services to collect personal information about your online activities over time and across different websites, applications, and other online products or services. Such third parties may use that information for measurement services or to deliver interest-based advertising. For information about interest-based advertising, and to opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) Self-Regulatory Program for Online Behavioral Advertising. Please note that any opt-out choice you exercise through these programs will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests. You may elect to receive text messages from us. When you elect to receive text messages, we may send you information about promotional offers and other topics. We may send messages based on your activity on the Services, such as abandoning your shopping cart. You may opt out of receiving text messages at any time by replying "STOP" to our text messages. If you elect to receive text messages, please note we will use your name, phone number, and opt-in information provided when electing to receive text messages to send marketing and promotional messages regarding our organization, products, and services. We will not disclose or share your name, phone number, and opt-in information provided when electing to receive text messages in order for third parties to send marketing text messages to you on behalf of other parties. For more information about text messages, please contact us as described in the Contacting Us section below or refer to our Terms and Conditions.
International Transfers of Information
We operate internationally and may transfer information about you to any jurisdiction where we do business, including the United States. When you use our websites or applications, you acknowledge that we may transfer information about you as described in this policy. We will transfer your personal information for any of the purposes identified in this policy to any of our subsidiaries, affiliates, service providers, and business partners that may be located outside of the jurisdiction where you are located. The laws in those jurisdictions may not provide the same level of data protection compared to the laws in your country. However, we will treat your personal information as subject to the protections described in this Policy and we will take reasonable steps to ensure that any overseas recipients will treat any personal information disclosed to them in a way that will not breach any privacy laws applicable to that personal information prior to the international transfer.
When we transfer personal information subject to the General Data Protection Regulation to entities located outside of the European Economic Area ("EEA"), we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses, binding corporate rules, or another framework deemed adequate by the European Commission.
We maintain safeguards intended to protect the personal information collected through the Services.
We do not direct the Services to children under the age of 13. We do not intentionally collect personal information from children under the age of 13 through the Services. If you are a parent or guardian of a child under the age of 13 and you believe we have received personal information about that child, please contact us as described in the "Contacting Us" section of this Policy to request to delete the information from our records.
Changes to this Policy
We may update this Policy to reflect changes in our privacy practices. When we do so, we will update the Effective Date of the Policy, above, and take reasonable steps to communicate such updates and changes to you. We also encourage you to periodically review this Policy for the latest information on our privacy practices.
Additional Information for California Residents, Your California Privacy Rights, and Notice at Collection
If you are a California resident, this section includes additional information that we provide pursuant to the California Consumer Privacy Act of 2018 as amended from time to time (“CCPA”), including the categories of California Personal Information (as described and defined below) and California Personal Information defined as sensitive under the CCPA to be collected, the purposes for which such California Personal Information is collected or used, whether such California Personal Information is sold or shared, and how long such California Personal Information is retained. You can find those details in this section of the Policy by clicking on the above links.
This section of the Policy applies only to residents of the State of California (for the purposes of this Additional Information for California Residents and Your California Privacy Rights section of the Policy, "consumers" or "you"), and generally describes how we collect, use, and disclose the personal information of consumers or consumer households ("California Personal Information").
However, for the purposes of this Policy, California Personal Information does not include and this Policy does not apply to information subject to applicable exceptions from the CCPA, such as deidentified information.
A. California Personal Information We Collect
We may have collected the following categories of California Personal Information in the preceding 12 months:
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, physical characteristics or description, address, telephone number, education, employment, credit card number, debit card number, or any other financial information, sleep information, or lifestyle information.
- Identifiers, including unique and online identifiers.
- Internet and electronic activity information.
- Professional or employment-related information.
- Biometric information.
- Geolocation data, such as your general location as may be derived from your IP addresses and precise geolocation information.
- Sensory information, including visual and audio information.
- Information that may indicate protected classification characteristics under applicable law.
- Inferences drawn from your personal information.
- California personal information defined as “sensitive” under the CCPA, such as account log-in or payment card information in combination with security codes, access codes, passwords, or credentials allowing access to an account, precise geolocation information, biometric information for the purpose of uniquely identifying you, racial or ethnic origin, information about your sexual orientation, and personal information concerning health.
We retain and store California Personal Information for as long as necessary to fulfill the purposes for which it was collected, as further described in the How We Use, Disclose, and Otherwise Process Information We Collect From You section above.
B. Sources of California Personal Information We Collect
We collect California Personal Information from the sources described in the Information We Collect From You section of this Policy.
C. Purposes for Which We Use and Disclose California Personal Information
We may use and disclose the categories of California Personal Information described in the California Personal Information We Collect section above other than California personal information defined as “sensitive” under the CCPA for one or more of the business and commercial purposes described in the How We Use, Disclose, and Otherwise Process Information We Collect From You section above. We may disclose this information to the categories of third parties identified in the How We Use, Disclose, and Otherwise Process Information We Collect From You section above for the business and commercial purposes described in that same section.
With respect to California personal information defined as “sensitive” under the CCPA, we only use that information for performing services or providing the products you request, for security and integrity purposes, short-term transient uses where the relevant Personal Information defined as sensitive under the CCPA is not disclosed to a third party or used to build a consumer profile, performing services on our behalf, and undertaking quality and safety control exercises.
We will maintain and use deidentified information that does not constitute personal information in deidentified form and not attempt to create personal information from such deidentified information except to the extent permitted under applicable law. We process personal information as described in this Policy.
D. Disclosures of California Personal Information for a Business Purpose in the Preceding 12 Months
In the preceding 12 months, we may have disclosed the categories of California Personal Information described in the California Personal Information We Collect section above to the categories of third parties identified in the How We Use, Disclose, and Otherwise Process Information We Collect From You section above for a business purpose.
E. Sales of California Personal Information and Sharing of California Personal Information for Cross-Context Behavioral Advertising
We do not disclose California Personal Information in exchange for monetary consideration. However, the CCPA defines “sale” very broadly in a manner that includes disclosing California Personal Information in exchange for other valuable consideration. Under the CCPA, we may sell California Personal Information or share California Personal Information for cross-context behavioral advertising purposes, which means for purposes of displaying advertising to you based on California Personal Information obtained or inferred from your activities over time across different websites, applications, and other online services we do not operate. We may have sold or otherwise disclosed or shared for cross-context behavioral advertising purposes the following categories of California Personal Information in the preceding 12 months:
- Identifiers, including online identifiers—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- Commercial information—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- Internet and other electronic activity information—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- Inferences drawn from your activity—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- Geolocation data—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
- Other categories of personal information described in California law—with third parties such as advertising networks that enable or participate in targeted and cross-context behavioral advertising and/or that provide online tracking technologies that we use to analyze use of the Services.
We do not have actual knowledge that we sell California Personal Information of consumers under 16 years of age or share California Personal Information of consumers under 16 years of age for cross-context behavioral advertising purposes.
F. California Personal Information Rights and Choices
The CCPA and other California laws provide consumers with specific rights regarding their California Personal Information. This section describes those rights and explains how to exercise those rights.
- Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your California Personal Information during the applicable period of time for your request. If we receive and confirm a verifiable consumer request from you pursuant to the Exercising Your California Personal Information Access, Portability, Deletion, and Correction Rights section below, we will disclose to you, depending on the scope of the request:
- The categories of California Personal Information we collected about you.
- The categories of sources for the California Personal Information we collected about you.
- Our business or commercial purpose for collecting California Personal Information about you, selling California Personal Information about you, or sharing California Personal Information about you for cross-context behavioral advertising purposes.
- The categories of third parties with which we disclose your California Personal Information generally.
- The specific pieces of California Personal Information we collected about you.
- If we sell California Personal Information about you, share California Personal Information about you for cross-context behavioral advertising purposes, or otherwise disclose your California Personal Information, a list of the categories of third parties to whom we sold, shared for cross-context behavioral advertising purposes, or disclosed California Personal Information for a business purpose identifying the categories of California Personal Information about you that we sold, shared for cross-context behavioral advertising purposes, or disclosed for a business purpose to those parties during the applicable period of time for your request.
- Right to Data Portability. You may request to receive a copy of California Personal Information in a readily usable format to the extent feasible.
- Deletion Request Rights. You have the right to request that we delete your California Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request pursuant to the Exercising Your California Personal Information Access, Portability, Deletion, and Correction Rights section below, we will delete your California Personal Information from our records, unless an exception applies.
- Right to Correct Inaccuracies. You may request that we correct your California Personal Information that is inaccurate. We will take into account the nature of the California Personal Information and the purposes of our processing when we address your request.
- Right to Opt Out of Sales and Sharing for Cross-context Behavioral Advertising. You have the right to opt out of our sale of your California Personal Information and of your California Personal Information for cross-context behavioral advertising, which means displaying advertising to you based on California Personal Information obtained or inferred from your activities over time across different websites, applications, and other online services we do not operate. You may exercise this right by visiting the Do Not Sell or Share My Personal Information link in the footer of our website.
- We have also configured our Services to process opt-out preference signals that may allow you to inform us of your desire to opt out of sales or sharing as described in the above paragraph. Opt-out preference signals must be in a format commonly used and recognized by businesses and be delivered by a platform, technology, or mechanism that makes clear to consumers that the use of the signal is meant to have the effect of opting the consumer out of sales and sharing of California Personal Information as described above. If you do not have an account with us or are not logged into your account, your opt-out preference signal will be linked to your browser identifier only and may not be linked to other California Personal Information, such as account information, about you that we process that is not associated with your browser identifier.
- If we receive an opt-out preference signal from you, we may offer you the option to provide additional information to help facilitate your opt-out request. We may also notify you if an opt-out preference signal we receive from you conflicts with your privacy settings or participation in certain programs we offer, and request your consent to sales or sharing of California Personal Information or to affirm your intent to withdraw from any relevant programs.
- Even if you opt out of or sharing or processing of your California Personal Information for targeted or cross-context behavioral advertising, you may still see our ads online at other sites and apps, and we may still base aspects of ads on your interactions with us and the Services.
- Non-Discrimination. Subject to certain exceptions, you have the rights to not receive discriminatory treatment for exercising your access, data portability, and deletion rights described above.
- Direct Marketing Disclosures. If you are a consumer who has an established business relationship with us for personal, family, or household purposes and would like to request certain information regarding third parties to whom we may share certain personal information for those third parties’ own direct marketing purposes, you may mail your request to us at 144 Talbert Pointe Drive Suite 103 Mooresville, NC 28117 USA or email your request to us at email@example.com.
G. Exercising Your California Personal Information Access, Portability, Deletion, and Correction Rights
If you would like to request to exercise the access, data portability, deletion, or correction rights described in the “California Personal Information Rights and Choices” section above, please submit a verifiable consumer request to us by either:
- Calling us toll free at 1-877-235-6271
- Emailing us at firstname.lastname@example.org
- Individual Rights Webform
You may designate an authorized agent to submit requests on your behalf in certain circumstances. We may mandate additional requirements when requests are submitted through an authorized agent, such as requiring the submission of signed written permission for the agent to act on your behalf, requiring you to verify your identity directly with us, and requiring you to confirm the authorized agent’s permission to act on your behalf directly. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your request must provide information sufficient to permit us to reasonably verify you are the person about whom we collected California Personal Information, or an authorized agent of that person. In order to verify your request, we may require you to provide information such as your name, email address, phone number, order number, or other information we require to verify your identity. Your request also must include sufficient detail for us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with California Personal Information if we cannot verify your identity or authority to make the request and confirm the California Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, if you have a password-protected account with us we consider requests made through that account sufficiently verified when the request relates to California Personal Information associated with that specific account. If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized agent. For data portability requests, we will select a format to provide your California Personal Information that is readily usable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision, and we reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.
Additional Information for Residents of Colorado, Connecticut, Utah, and Virginia
Sensitive Personal Information Collection
Some of the information we collect may be defined as sensitive under Colorado, Connecticut, Virginia, and Utah privacy laws. Such information includes precise geolocation information, racial and ethnic origin, and sexual orientation.
Colorado, Connecticut, Utah, and Virginia privacy laws may provide residents of those states with additional rights regarding our use of their personal information subject to those laws. We have described such privacy rights below as applicable. As the rights described below are provided by law, there may be limitations or exceptions that apply to your request in accordance with applicable legal requirements. We have described these rights generally, without noting all applicable or potentially applicable limitations or exceptions. When you make a request, we may provide more detailed information regarding any legal requirements applicable to or your request and whether any exception or limitation applies. Subject to certain limitations and exceptions, Colorado, Connecticut, Virginia, and Utah each provide residents of those states with rights to:
- Confirm whether we process their personal information.
- Access personal information we have collected about them.
- Delete personal information.
- Receive a copy of their personal information in a portable and, to the extent technically feasible, readily-usable format.
- Opt-out of personal data sales or processing for targeted advertising by visiting the Do Not Sell or Share My Personal Information link in the footer of our website.
Colorado, Connecticut, and Virginia also provide their state residents with a right to correct inaccuracies in their personal information, taking into account the information’s nature and purposes for processing.
To exercise any of these rights, please contact us as described in the “Contacting Us” section below. To appeal a decision regarding a request to exercise these rights, please describe the issue and request an appeal by responding to the communication of our decision or otherwise contacting us as described in the “Contacting Us” section below.
We will maintain and use deidentified information that we treat as non-personal information in deidentified form and not attempt to create personal information from such deidentified information.
Additional Information for Residents of the European Economic Area ("EEA"), United Kingdom ("UK"), and Switzerland
If you are located in the EEA, UK, or Switzerland, you may have additional rights to request access to, correction of, erasure of, or the transfer of your personal information, as well as the right to object to or restrict the processing of your personal information. You may exercise these rights, if applicable, by contacting us as described in the Contacting Us section of this Policy. Individuals located in the EEA, UK, or Switzerland may also have the right to lodge a complaint with an EEA, UK or Swiss supervisory authority, as applicable.
Additional Information for Residents of Australia
If you are a resident of Australia, you may have additional rights and choices, as described below.
Access to and correction of your personal information
We will provide you with access to any of your personal information we hold (except in limited circumstances recognized by law). Before we provide you with access to your personal information we may require some proof of identity. If you wish to access your personal information, need to correct personal information we hold or have an enquiry about privacy, please contact us as described in the Contacting Us section of this Policy.
Making a complaint about our management of your personal information
If you wish to complain about a breach of the privacy rules that bind us, you may contact us as described in the Contacting Us section of this Policy. We may ask you to put your complaint in writing and to provide details about it. We may discuss your complaint with our personnel and our service providers and others as appropriate.
We will investigate the matter and attempt to resolve it in a timely way. We will inform you in writing about the outcome of the investigation. If we do not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, we will inform you that your complaint may be referred to the relevant privacy regulator for further investigation and will provide you with the regulator’s contact details.
More information about privacy law and privacy principles in Australia is available from the Australian privacy regulator. The privacy regulator in Australia is the Privacy Commissioner: www.oaic.gov.au (email: email@example.com).
Direct marketing to residents of Australia
When marketing to you, your personal information is only ever used or disclosed for our own purposes. You may opt out of our direct marketing to you. Our direct marketing materials will tell you how to do this.
Anonymous or pseudonymous interactions
You may have the right to not identify yourself or use a pseudonym when dealing with us, except where this is impracticable or where the law or a court order provides otherwise.
If you have any questions or comments about this Policy or our privacy practices, or if you would like to exercise one of your rights under this Policy, please contact us by mail at 144 Talbert Pointe Drive Suite 103 Mooresville, NC 28117 USA or firstname.lastname@example.org.
Please include your name, contact information, and the nature of your request so that we can respond appropriately and promptly to your communication.