Last updated: October 28, 2019
Please note that certain measurement data collected via the Services may be regarded as health-related data under data protection laws in certain jurisdictions.
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.
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.
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.
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:
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
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.
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.
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.
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.
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.
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].
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).
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 email@example.com.
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.
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.
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