Transparency is the key to any healthy relationship, and at Earable® Neuroscience, we're all about health. We appreciate that you trust us with your personal information, and we want to be transparent about how we use it.
Here we describe the privacy practices for our devices, applications, software, websites, APIs, products, and services ("Services"). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.
- ACCOUNT INFORMATION
- ADDITIONAL INFORMATION
- PAYMENT INFORMATION
- INFORMATION WE COLLECT WHILE YOU USE OUR SERVICES
- DEVICE INFORMATION
- USAGE INFORMATION
- INFORMATION RECEIVED FROM THIRD PARTIES
- PROVIDE AND MAINTAIN SERVICES
- IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
- COMMUNICATIONS WITH YOU
- PROMOTING SAFETY AND SECURITY
- WHEN YOU CONSENT OR ASK US TO SHARE
- EXTERNAL PROCESSING
- COMPLIANCE WITH LAW OR HARM PREVENTION
- ACCESSING AND EXPORTING DATA
- EDITING AND DELETING DATA
- YOUR DATA CONTROLLER
- HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA
- OUR LEGAL BASES FOR PROCESSING PERSONAL DATA
- EXERCISING YOUR LEGAL RIGHTS
- HOW TO EXERCISE YOUR LEGAL RIGHTS
- CHANGES TO THIS POLICY
- WHO WE ARE AND HOW TO CONTACT US
INFORMATION WE COLLECT
With the use of our Services, we collect the following information that you provide us:
We require information to create an account to use our Services, including your name, email address, password, date of birth, gender, height, weight, and occupation. This is the only information required to create an account, but you may volunteer to provide other information, such as a profile photo.
When contacting us or participating in promotions, contests, or surveys, we may collect various information, including, but not limited to, your name, contact information, and message contents.
When purchasing Earable® Neuroscience merchandise from our website, you must provide the information required for payment, including your name and credit or debit cards information such as card number, expiration date, CVV, and billing address.
We do not store your payment information, but we do store your address to process and fulfill your order. Please note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.
INFORMATION WE COLLECT WHILE YOU USE OUR SERVICES
Your device collects data to estimate a variety of metrics like brainwaves, heart rate, SpO2, sleep stages, and focus ranking. Some other metrics such as audio recording will also be recorded for snore detection, and voice command. When your device syncs with our applications or software, the data your device records transfers to our servers.
In addition, we may collect your IP address, which provides approximate geolocation information.
When accessing or utilizing our Services, we receive specific usage or network activity information, such as interactions with our Services. This includes viewing or searching content, installing applications or software, creating or logging into your account, pairing your device to your account, or opening or interacting with an application on your FRENZ™ device.
In addition, we collect information about the devices, including IP addresses, browser type, language, operating system, and FRENZ™ or mobile device information such as device model and operating system version, location (depending on granted permissions).
INFORMATION RECEIVED FROM THIRD PARTIES
If you choose to connect your Earable® Neuroscience account to a third-party service, we may receive information from the other service. For example, by connecting with Facebook, we may acquire information such as your name, profile picture, age range, language, email address, and friends list.
You may also grant Earable® Neuroscience access to your exercise or activity data. You can withdraw access to information from the third party by removing our access to that other service.
We may partner with third parties, such as employers and insurance companies, offering FRENZ® Services to their employees and customers. In those cases, those companies may provide us with your name, email address, or similar information (like a telephone number or subscriber ID) so that we can invite you to participate in promotions or events or determine your eligibility for particular benefits, such as discounts or free services.
HOW WE USE YOUR INFORMATION
We use your collected information for the following purposes:
PROVIDE AND MAINTAIN SERVICES
The information we collect from you enables us to deliver Services to you and honor our agreement with you. For example, we need your information to provide our FRENZ™ dashboard that tracks your activity and trends. This enables community features of the Services and provides customer support.
For our community features, we may use your information to support you in finding and connecting you with other users and allowing others to find and connect with you. For example, account contact information lets users friend each other. In addition, when another user has your email or phone number in their contact or friends list, we show that user that you are a user of the Services.
IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
We use collected information to improve and personalize our Services and develop new ones. For example, we use certain information to troubleshoot and protect against errors, conduct data analysis, and testing, perform research and surveys, and develop new features and Services.
We also use your information to provide you with more relevant content. Data collected include, but are not limited to:
- Your height, weight, gender, and age enable us to improve the accuracy of your activity statistics, like sleep cycles, focus status, and coaching activities.
- Your sleep data enables us to determine your sleeping patterns and provide personalized insights to help improve your sleep.
- We may personalize coaching and activity goals for you based on the goals you previously set and your historical coaching or activity data.
COMMUNICATIONS WITH YOU
Your information is used to send notifications about our Services and in our replies when you contact us. Your information may also be used when we promote new features or products that may interest you. Marketing communications and most notifications coming from our Services can be altered by clicking the unsubscribe link in our emails.
PROMOTING SAFETY AND SECURITY
We use collected information to promote the safety and security of our Services, our users, and other parties. Information uses include, but are not limited to, user authentication, facilitating secure payments, protecting against fraud and abuse, responding to legal requests or claims, conducting audits, and enforcing our terms and policies.
HOW INFORMATION IS SHARED
The personal information of our users is never sold. Your information is also never shared except in very limited circumstances, as described below.
WHEN YOU CONSENT OR ASK US TO SHARE
You may ask us to disclose your information to others, like when using community features such as leaderboard rankings, and other social tools. Please note that profile photos and consensual participation in certain challenges, like community messages, challenges, achievements, and personal stats, are not governed by your privacy preferences and will be visible to all other challenge participants.
You may also ask us to share your information in other ways, including, but not limited to, giving a third-party application access to your account or giving your employer access to information when you choose to participate in employee wellness programs. Please note that their use of your information will be governed by their privacy policies and terms. Your consent to sharing information with third-party applications or employee wellness programs can be revoked in your account settings.
We may pass on information to our corporate affiliates, service providers, and other partners who process the information for us based on our directions and in accordance with this Policy and any other applicable privacy and security procedures. These partners supply us with services worldwide, including customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.
COMPLIANCE WITH LAW OR HARM PREVENTION
In later versions, we may reserve or disclose information about you to comply with a law, regulation, legal process, or governmental demand; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
Note that our Policy is to inform you of legal processes requesting access to your information, such as search warrants, court orders, or subpoenas unless we are prohibited by law from doing so. In cases where a court order requires a non-disclosure period, we deliver deferred notice after the non-disclosure period expires. Exceptions to our notice policy include exigent or counterproductive circumstances, including, but not limited to, the threat of emergency involving a danger of death or serious physical injury to a person.
We may share aggregated or de-identified non-personal information so it cannot be used to reasonably identify an individual. We may disclose such information publicly and to third parties, including such as public reports about activity and exercise to partners via an agreement with us or in connection to community benchmarking data we give to users of our subscription services.
If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.
YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA
We provide you with account settings and tools to access and control your personal data, as described below, regardless of your location or where you live. By living in certain jurisdictions, you could have legal rights regarding your information, which your account settings and tools allow you to exercise, as follows.
Accessing and Exporting Data
By signing into your account, you gain access to much of your personal information, including your Sleep Dashboard, Focus Dashboard, and several activity statistics. In later versions, your account settings let you download your information in a commonly used file format that includes data about sleep, focus, relaxation, and more.
Editing and Deleting Data
By signing into your account and accessing your account settings, you can change and delete your personal data. For example, you can edit or delete the profile data you provide and delete your account if you wish. Learn more here (LINK)
If you choose to delete your account, please note that while most of your data will delete within thirty (30) days, it may take up to ninety (90) days to delete all of your data, like the information recorded by your FRENZ™ device and other information collected in our backup database systems. This is because of the size and intricacy of the systems we utilize to collect information. We may also maintain data for legal purposes or to prevent harm
We keep your account information, such as your name, email address, and password, for the entire time your account exists to properly operate your account. We may keep other information, like your exercise or activity data, until you utilize your account settings or tools to delete the information or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services as long as it may be necessary to advance our actual business interests for legal reasons and harm prevention.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
Keeping your information safe is our priority. In keeping your information safe, we apply a combination of technical, clerical, and physical mechanisms to maintain the security of your information. This includes using Transport Layer Security ("TLS") to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact Customer Support at firstname.lastname@example.org
OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS
We operate globally and transfer information to Earable® data center in the United States and other countries for the reasons expressed in this Policy.
Please be advised that our countries of operation may have different privacy and data protection laws, which are possibly less protective than the laws of your country of residence or citizenship. You consent to this risk by creating an Earable® Neuroscience account and clicking "I agree" to data transfers, regardless of what jurisdiction you live in. If you would like to see where we have offices located, please refer to our company information at (LINK). If at some time you would like to withdraw your consent, you can delete your Earable® Neuroscience account as described in the Your Rights To Access and Control Your Personal Data section.
EXERCISING YOUR LEGAL RIGHTS
Please review the YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA section to see how your account setting and tools enable you to exercise your rights under the GDPR and to access and manage your personal data.
Beyond the various controls we offer, in particular situations, you can seek to restrict how we process your information or object to our processing of your data based on our legitimate interests, which includes what we define in the HOW WE USE YOUR INFORMATION section above.
If you would like to request further assistance regarding your rights, please contact us at email@example.com, and your request will be considered pursuant to applicable laws. You also have a right to lodge a complaint with your local data protection authority.
CLASSES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
As described in the INFORMATION WE COLLECT section, we collect the following types of personal information. This information is acquired from you, your device, your use of the Services, your coach if you use our Coaching Services, third parties (like the other services you have connected to your FRENZ™ account, or your employer or insurance company if they provide you with FRENZ™ Services as an employee or customer), and as otherwise defined in this Policy. We use and disclose these categories of information for the business purposes described in the HOW WE USE YOUR INFORMATION and HOW INFORMATION IS SHARED sections, respectively. The classes of date are:
- Identifiers, like your name or username, email address, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other related identifiers.
- Demographic information, such as your gender, age, health information, and physical characteristics or description, may be legally protected.
- Business information, such as your payment information and records of the Services or devices you bought, acquired, or considered (like adding them to your shopping cart on the Earable® Neuroscience website but never purchased).
- Biometric data, including your activity, sleep, or health figures, including the number of sleep/nap sessions you take, focus ranking, SpO2, breathing rate, weight, heart rate, sleep stages, active minutes, audio recording data and any similar information to which you grant us access from another service.
- Internet or other electronic network activity data, such as the usage of data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
- Electronic, visual, or similar information, such as your profile photo.
- Professional or employment-related information, including any information (like your name, email address, or similar information) that your employer gives us so that we can invite you to participate in or determine your eligibility for FRENZ™ Services that they offer to their employees.
- Other information that you provide, including account information such as your biography or country; information for features of the Services, for example, an alarm, information about your friends, messages on the Services; and information recorded by your device which may vary depending on the device you use.
- Inferences drawn from any of the above, including Sleep tracking, focus tracking, sleep insights, and personalized exercise and activity goals.
We never sell the personal information of our users. However, as described in the ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS section in this Policy, we do work with our partners who provide us with advertising services. To learn more about how these partners gather data and your choices for controlling the usage of your information for interest-based advertising, please read our Cookie Use statement
CHANGES TO THIS POLICY
You will be notified before any material updates are made to this Policy, and you will be given an opportunity to review the revised Policy before determining if you want to continue your use of the Services.
WHO WE ARE AND HOW TO CONTACT US
If you have questions or concerns about this Policy, or you need help exercising your privacy rights, please contact us at firstname.lastname@example.org
If you reside elsewhere, you may contact us at:
Earable® Neuroscience LLC
2995 Baseline Road, Suite 306
Boulder, CO 80303, USA