Privacy Policy

SleepWell Privacy Policy

Last updated: October 28, 2019

Thank you for visiting SleepWell! We offer personalized sleep coaching services to enable you to track the quality of your sleep. Because we feel that data does not get much more personal than this, we are committed to protecting your personal data through our compliance with this Privacy Policy. We hope that you will take a moment to review the information below.

1. ABOUT THIS POLICY

This privacy policy (the “Privacy Policy”) describes how Moonshot Brewing Holdings, Inc (“SleepWell,” “we,” “us,” and/or “our”) handles the personal data we collect from and about you when you use our products and services, including our mobile application, the SleepWell Sleep Coaching service, and the sleepwell.ai website (collectively, “Services”). It also describes certain legal rights you may have, subject to applicable law, and how you may exercise them.

For purposes of this Privacy Policy, “personal data” means information about an identified or identifiable individual, such as their name or email address. Some `meet this definition.

In most cases, under the European Union’s General Data Protection Regulation (“GDPR”), SleepWell is considered the “data controller” of the personal data that we handle under this Privacy Policy, though we may handle personal data as a “data processor” in some circumstances.

Please note that certain measurement data collected via the Services may be regarded as health-related data under data protection laws in certain jurisdictions.

By accessing or otherwise using our Services, you confirm that you have agreed to the SleepWell Terms of Use and to SleepWell’s collection, use, and disclosure of your information in accordance with this Privacy Policy, where such agreement is permitted by applicable law.

This Privacy Policy may be updated from time to time. Accordingly, we recommend that you review this Privacy Policy periodically to stay informed of our practices. We will not make substantial changes without providing prior notice. You can determine when this Privacy Policy was last revised by referring to the “LAST UPDATED” date at the top of this page.

2. HOW DOES OUR SERVICE AND APP WORK?

The SleepWell Sleep Coaching service automatically collects data relating to your body responses during your sleep and daily activity using third-party sleep and fitness trackers. That data is uploaded wirelessly to your mobile phone via the associated sleep and fitness tracker apps.

For data collected and stored by any third-party tracker, please refer to their privacy policies.

- Withings Privacy Policy

- Oura Privacy Policy

- Fitbit Privacy Policy

- Dreem Privacy Policy

3. WHAT PERSONAL DATA DO WE COLLECT?

Information we collect directly

We collect information that you choose to provide to us when you register an account on the app or through your use of the app, including but not limited to your: email address; gender; birthdate and birth year; height and weight; activities; and notes and tags. We may also collect information that you voluntarily provide to us when you email us a question, sign up to receive our newsletter, submit a comment in response to one of our social media posts, and submit an employment or other application.

Information we collect automatically

We may also collect certain information automatically through the sleep and fitness tracking devices used for SleepWell Sleep Coaching, including but not limited to the following measurement data: heart rate; movement data; and temperature data.

Based on your voluntarily provided data and automatically collected measurement data, we calculate a variety of parameters, such as: duration of sleep; sleep phases (deep, light, REM, awake); activity levels throughout the day; and body mass index (calculated based on height and weight). This information is used to produce evaluation data regarding the quality of your sleep, level of your recovery, and balance of your activity.

In addition, when you visit our website, use our mobile app, and interact with e-mails that we send to you, we passively collect information from you, including your internet protocol address (“IP address”), browser type, operating system, device identifier, device model, software version, or mobile or ISP carrier information. We also use cookies and similar tracking technologies to collect information about your visit to our website, such as the date and time of your visit, the information you searched to find the website, or your activity on the website. “Cookies” are small text files that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We use session cookies (which expire when you close your browser) and persistent cookies (which stay on your computer until you delete them or after a specified expiration date) to understand more about your use of our website.

4. PURPOSES AND LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA

Purposes of Processing.

We collect the information described above to:

Provide you with the service

We process personal data in order to provide our Services to you. For example, this may include using your personal data to provide products and services you have requested and to personalize your experience on the app to better respond to your individual needs.

For communication

We may process personal data for the purpose of communicating with you. For instance, if you contact us with questions, comments, or requests regarding your account, we may use your personal data to answer your questions, fulfill your requests, and resolve any issues you may have.

For analytics and service improvements

We may process certain information in order to improve our app and our service quality, including by monitoring and analyzing usage, trends, and activities related to our app and website. When possible, we will do this using only aggregated, non-personally identifiable data.

To protect against, identify, investigate, and respond to misuse of our app or website, or other unlawful behavior.

Legal Bases for Processing.

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose your personal data. To the extent those laws apply, our legal grounds are as follows:

Legitimate interest

In most cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

· Providing sleep coaching services pursuant to our contract with our users

· Marketing our business

· Protecting our users, personnel, and property,

· Analyzing and improving our products and services and ensuring our business is achieving its objectives

· Processing job or other applications

· Keeping our records up-to-date

Legal compliance

We need to use and disclose personal data in certain ways to comply with our legal obligations.

To honor our contractual commitments to an individual

Some of our processing of personal data is to meet our contractual obligations to the individual to whom the personal data pertains.

Consent

Where required by law, and in some other cases, we handle personal data on the basis of implied or express consent. Measurement data or any data derived from measurement data is used for advertising only subject to your explicit consent.

5. SHARING YOUR PERSONAL DATA

We may share information about you with certain third parties in the following circumstances:

Companies under common control

We may share data between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with SleepWell.

Vendors and Service Providers

We may share personal data with authorized third parties such as vendors, consultants, and other service providers who need access to personal data to perform services for us and enable us to offer our Services.

For legal reasons

We may share personal data with third parties outside SleepWell’s organization if we have a good-faith belief that access to and use of the personal data is reasonably necessary to: (i) meet any applicable law, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, security or technical issues; and/or (iii) protect the interests or safety of SleepWell or our Users in accordance with the law. Where possible, we will inform Users about such transfer and processing.

Business transfers

We may share personal data with another company in connection with or during negotiations of any merger, acquisition, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.

With your consent

We may share personal data with third parties for reasons other than the ones mentioned before, when we have your consent to do so, including if you provide information that we notify you will be shared in a particular. You have the right to withdraw this consent at any time, subject to applicable law.

We may also share aggregate or de-identified information which cannot reasonably be used to identify you.

6. ANONYMIZED DATA

We may aggregate and anonymize data collected via the Services. Where permitted by law, this Privacy Policy does not limit our use or disclosure of de-identified aggregate, pseudonymous, or anonymous information, and we reserve the right to use this type of data, which cannot reasonably be connected to an individual, for analytics, statistics, research, communications and PR purposes as well as for trend detection and for benchmark data.

7. DATA TRANSFER

We may transfer the personal data we collect to the United States where we are based or to any country where we have operations or where we engage vendors or service providers. These countries may not have the same data protection laws as the country in which you originally provided the data. By using our Services or submitting your personal data to us, you agree to such transfers.

8. HOW LONG DO WE KEEP YOUR DATA?

We only keep your personal data for so long as reasonably necessary for the purposes described in this Privacy Policy, as required by law, or as necessary to resolve disputes and enforce our rights and agreements. To dispose of personal data, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

9. YOUR RIGHTS

Restricting Cookies/Do Not Track

SleepWell does not change its behavior in response to web browser “do not track" signals. However, you may adjust your browser or operating system settings to limit tracking or to decline cookies. Check the “Help” menu of your browser or operating system to learn how to change your tracking settings or cookie preferences. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Data Subject Rights

In some instances, you may be eligible to (a) ask us for a copy of your personal information; (b) correct, delete, or restrict processing of your personal information; and/or (c) obtain the personal information you provide to us in a structured, machine-readable format. In addition, you may have the right under applicable law to object to the processing of your personal information in some circumstances.

Your rights regarding your personal information may be limited in certain circumstances, for example, if fulfilling your request would reveal personal information about another person or would infringe the rights of a third party (including our rights), or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of the relevant exemption upon which we rely when responding to any request you make.

Our use of certain personal information is necessary for us to provide our Services to you. If you choose not to provide this personal information or request that SleepWell delete or restrict the processing of this personal information, we may not be able to provide you with the Services.

Update, Supplement, or Delete Your Information

If you would like to update, supplement, or delete your information, please contact us at [contact email].

California Privacy Rights

Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding year. They also have the right to opt out of such sharing. If you are a California resident and would like a copy of this notice or to opt out, please submit a written request to us at [contact email].

10. DIRECT MARKETING AND PUSH NOTIFICATIONS

Notwithstanding any consent granted beforehand for the purposes of direct marketing, you have the right to prohibit us from using your personal data for direct marketing purposes by contacting us or by using the unsubscribe instructions included in our emails. If you opt-out of receiving such communications, please note that we may continue to send you non-promotional emails (such as emails related to your account or emails about changes to our legal terms).

11. DATA OF CHILDREN

Our Services are intended for adults and we do not knowingly collect personal data from children. If you are a parent or legal guardian and think your child under the age of 13 (or a higher age threshold where applicable) has given us personal data without your consent, please contact us at privacy@sleepwell.ai.

12. LINKS TO OTHER WEBSITES AND THIRD-PARTY CONTENT

We may provide links to third-party websites, services, and applications that are not operated or controlled by SleepWell. This Privacy Policy does not apply to the privacy practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy policies of any third-party service before providing any personal data to or through them.

13. SOCIAL MEDIA AND PUBLIC FORUMS

The SleepWell app and website enables you to publish certain information related to your SleepWell experience or sleep data on social media sites such as Facebook, Instagram and Twitter, online blogs and forums.

Please think carefully before deciding what information you share. We do not control who will have access to the information that you choose to make public in such forums, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on social media, online blogs or public forums – or what others do with information you share.

Please also be aware that in some cases, we may know that you clicked on a social media plugin, such as a Twitter Follow button or receive other information from social media sites with which you interact. Similarly, if you have previously provided personal information to a third party operating a plugin on our website, then that third party may recognize you on our website. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours. As with linked websites, we have no control over the information that is collected, stored, or used by social network plugins.

14. SAFEGUARDING YOUR DATA

We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Measures may include, for example, where appropriate, encryption, pseudonymization and access right systems. Our security controls are designed to maintain what we believe to be an appropriate level of data confidentiality, integrity, availability, resilience and ability restore the data. However, you should be aware that there is always some risk in transmitting information over the Internet and in storing information electronically. SleepWell cannot and does not guarantee absolute security.

15. OUR CONTACT INFORMATION

If you have any questions about our Privacy Policy or how we protect your personal data, please contact us at:

Moonshot Brewing Holdings, Inc.

509B Potrero Ave.

San Francisco, CA 94110

contact@sleepwell.ai

Find out if SleepWell is right for you!