SleepWatch Privacy Policy

Updated: May 1, 2018
Effective: May 24, 2018, unless you agree to this policy sooner, for example, from within the Services. Then this policy is effective as of the date of your agreement.

Here’s An Outline of What We’ll Cover

• Information We Collect
• How We Use Information
• How We Share Information
• How We Retain Data
• Your Rights to Your Personal Data
• Our Policy Regarding Children
• Advertising and Analytics Services Provided by Others
• How We Protect Your Information
• Data Transfers and International Operations
• Changes to this Privacy Policy
• Who We Are and How to Contact Us

Information We Collect

Information You Provide Us

Account Information

Some information is required to create an account on our Services, such as your email address and a password. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as your name, date of birth, height, sex, and weight. Your account information helps secure and provide you with access to our Services.

Additional Information

To help increase the value of the Services for you, help improve your experience and help advance research regarding the Services, you may choose to provide us with additional information, like logs of or information pertaining to your food & drink consumption, drug consumption, mindfulness activity, workout details, activity details, health details, location details, medical device usage, mood, feeling, stress level, water consumption, third party product usage, sleep disturbances, discomforts, alarm times, bed and mattress information, medical diagnoses, air temperature, humidity, ambient light level, ambient noise level, sleep environment characteristics, and discussion board messages. If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.

Information from Third-Party Services

If you choose to connect your account on our Services to your account on another service, for example, for the purpose of sharing your information from our Services or for the purpose of account creation on our Services, we may receive information from that other service. For example, if you connect to Facebook or Google, we may receive information that you agree to provide such as your name, email, profile information, profile picture, and preferences. You may choose to grant us access to your health, exercise, or activity data from another service. You can stop sharing the information from the other service with us by removing our access to that other service.

Payment and Card Information

When you make a payment on SleepWatch, you may provide payment information such as your payment card or other payment details such as your name, credit or debit card number, card expiration date, CVV code, and billing address. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information. Note that third-party payment processors may retain payment and card information in accordance with their own privacy policies and terms.

Information We Receive From Your Use of Our Services

Health and Other Special Categories of Personal Data

To the extent that information we collect is health data or another special category of personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process the data. We obtain this consent prior to your use of our Services. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, or deleting your data or your account.

SleepWatch may collect or infer health information which may include physiological information such as heart rate and blood pressure, comparative information such as sleep scores, activity information such as calorie expenditure, body profile information such as height and weight, as well as other indicators and indices.

Usage Information

When you access or use our Services, we receive certain usage data. This includes information about your interaction with the Services, for example, when you view content, install applications or software, create or log into your account, or open or interact with an application on your device. We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

Location Information

We collect and process non-precise location information such as your timezone when you use the Services. To provide you with certain insights into your habits, wellness, and sleep, such as the consistency of your sleep time relative to the time of day when traveling, it is necessary to collect and record your current timezone. In some cases, the Services include features that use precise location data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your mobile device settings. We may also derive your approximate location from your IP address.

How We Use Information

We use the information we collect for the following purposes:

Provide and Maintain the Services

We use the information we collect and receive to deliver the Services to you, as otherwise described in this Privacy Policy, and to honor our Terms of Service contract with you. For example, we use your information to provide you with data analyses, notifications, trends, insights, and visualizations associated with your data; to enable community benchmarking features of the Services; and to give you customer support.

Personalize, Improve, and Develop the Services

We use the information we collect to personalize and improve the Services and to develop new ones. For example, we use the information to protect against and troubleshoot errors; conduct data analysis and testing; promote and market the Services; perform surveys and research; and develop new Services and features. When you allow us to collect precise location information, we use that information to provide and improve features of the Services such as providing you community benchmarks in your local area, and verifying your eligibility for Services that require you be within a particular government territory. We may also use your information to show you more relevant content, make inferences, and provide you with personalized insights to help you improve. For example, information such as your height and weight allows us to derive estimates of your resting metabolic rate which helps us to improve the confidence we have in the quality of your sleep results like your estimated total sleep time. As an additional example, information such as your activity, exercise, and sleep data allows us to approximate the effect of changes in your activity or exercise on your ability to improve your sleep.

Communicate with You

We use your information when necessary to send you important notices about the Services, provide you notifications that are part of the Services, and respond to you when you contact us. We also use your information to promote features or products that we think you would be interested in. You can control marketing communications via the “Update Preferences” and “Unsubscribe” links in an email.

Promote Security and Safety

We use the information we collect to advance and promote the security and safety of our users, the Services, and other parties. For example, we may use the information to facilitate secure payments, authenticate users, respond to a legal request or claim, protect against fraud and abuse, enforce our terms and policies, and conduct audits.

Please note that, like many other services, we use cookies, local storage, software development kits (SDKs), and pixels for the purposes described above in this How We Use Your Information section. These cookies and similar technologies help us to recall things about you in order to provide you with a better experience. We may use these technologies to help us remember your settings and preferences, to authenticate you for logging into the Services, to provide you with functionality and optimize the performance of the Services, to help us better understand how you use the Services so that we can make the Services more secure, better, and faster, and to enable our partners to serve ads for products and services. You have options to limit or control how we and our partners use cookies and similar technologies, including for marketing purposes. You can adjust your browser settings to clear or decline cookies; but, please keep in mind that if you do disable cookies on your browser, some of our features may not function correctly. You can install Google's opt-out browser add-on to prevent your data from being used by Google Analytics. You can adjust your social network settings, for example, by opting-out of ads on Facebook. You can adjust your mobile device settings that affect ads based on your interactions with applications on your device, for example, by adjusting the "Limit Ad Tracking" setting on your iOS device.

For personal data subject to the GDPR, we rely on several legal bases to process the data. These include when you have given your consent, which you may withdraw at any time using your account settings and other tools; when the processing is necessary to perform a contract with you, like the Terms of Service; and our legitimate business interests, such as in personalizing, improving, and developing the Services, marketing new features or products that may be of interest, and promoting security and safety as described above.

We may de-identify or aggregate the information you make available in connection with the Services, in ways that do not personally identify you. Examples of such aggregated information or statistical data include the average total sleep time and average sleeping heart rate of the SleepWatch community. We may use, sell, license, and share this de-identified or aggregated information with third parties for research, business or other purposes such as to help advance scientific understanding of sleep and help advance scientific understanding of ways to improve sleep. Please visit your account settings if you object to SleepWatch using your information for these purposes.

How We Share Information

We do not share your personal information except as described in the limited circumstances below:

When you Direct Us or Agree to Share

You may direct us to disclose your information to others, such as when you direct us to share your information using the sharing functionalities of our Services and when you direct us to share your information with a third party sleep professional or sleep professional service for them to provide your requested service to you. You may also authorize us to share your information with others, for example, with a third-party application when you give it access to your account, or with your employer when you choose to participate in an employee wellness program. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications or employee wellness programs using your account settings.

For External Processing

We may transfer information to our service providers, corporate affiliates, and other partners who process it for us, based on our instructions, and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These partners may provide us with services, including for customer support, payments, information technology, server infrastructure, sales, fulfillment, marketing, research, communications, data analysis and surveys.

To Prevent Harm or for Legal Reasons

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. For example, we may need to preserve the information you share with us via customer support and share that information with governmental agencies in accordance with legal requirements. We may also retain, preserve or disclose your information if we determine that disclosure is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of SleepWatch or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

We may share non-personal information that is de-identified or aggregated so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about sleep, lifestyle, habits, heart rate, exercise, and activity to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a business transaction such as a merger, acquisition, or sale of assets, your personal information may be transferred or disclosed in connection with such a transaction. In such a transaction, we will continue to take measures to protect the confidentiality of personal information.

How We Retain Data

We retain information as long as it is needed to provide the Services to you and others, subject to any legal obligations to further retain such information. We keep your account information, like your email address and password, for as long as your account is in existence because we need it to operate your account. We keep other information, like your heart rate, exercise or activity data, until you use your account settings or tools to delete the data 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 for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the sections How We Share Information and How We Use Information. Following your deletion of your account, while most of your information will be deleted within 30 days, it may take up to 90 days to fully delete your personal information from our systems. Additionally, we may retain information from deleted accounts to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy. Information about you that is no longer necessary and relevant to provide our Services may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to us, such as statistics of the use of the Services and community benchmarks of health information.

Your Rights to Your Personal Data

Accessing and Porting Data

You can access much of your information by logging into your account, including your dashboard with your daily sleep results. Using your account settings you can export your sleep times data into third party applications such as Apple Health and may be able to download your sleep data in a commonly used file format.

Editing and Deleting Data

You can edit and delete much of your information by logging into your account. For instance, you can edit the data you provide and delete your account if you wish. If you are unable to do this, please contact us at support@sleepwatchapp.com. We will generally respond to your request within 10-14 business days. If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data stored in our backup systems. This is due to the complexity and size of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How We Share Information section.

Objecting to Data Use

We give you account settings and tools to control our data use. For example, using your account settings, you can limit the notifications you receive from us and revoke the access of third-party applications that you previously connected to your account. In certain circumstances you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. You have a general right to object to the use of your information for direct marketing purposes. Please see the “Update Preferences” and “Unsubscribe” links in an email to control our marketing communications to you about our products.

Limiting or Restricting Data Use

In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact us at support@sleepwatchapp.com, and we will consider your request in accordance with applicable laws. Should you wish to raise a concern or file a complaint about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

Our Policy Regarding Children

We believe in the importance of taking additional measures to protect children’s privacy. Our Services are not directed to children under 16 and we do not knowingly collect personal data from children under 16. If we learn that we have collected the personal information of a child under 16, we will take steps to delete such information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at support@sleepwatchapp.com.

Advertising and Analytics Services Provided by Others

We work with partners who provide us with advertising and analytics services. This includes helping us understand how users interact with the Services, serving ads on our behalf across the internet, and analyzing the performance of those advertising campaigns. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications.

How We Protect Your Information

We are very concerned with safeguarding your information and we work hard to keep your data safe. We use a combination of physical, technological, and administrative measures to protect the information that we collect from or about you from unauthorized access, use or disclosure. These measures include the use of Secure Sockets Layer (“SSL”) technology to allow for the encryption of many of our Services. Please be aware, however, that no method of transmitting or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Data Transfers and International Operations

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.

Changes to this Privacy Policy

We may modify and revise this Privacy Policy from time to time. Please review it occasionally. If we make any material changes to this Privacy Policy, we’ll provide a prominent notice, post the updated Privacy Policy on the Services, and we’ll indicate when such changes will become effective.

Who We Are and How to Contact Us

If you have suggestions, concerns or questions about this policy, or about our use of your information, please contact us at support@sleepwatchapp.com. SleepWatch is developed by and the Services are provided to you by Bodymatter, Inc. Bodymatter, Inc. is headquartered in Newport Beach. If you are a resident of the European Union (“EU”), Bodymatter, Inc. is the controller of your personal data for the purposes of EU data protection law. This policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. If you are seeking to exercise any of your statutory rights, please contact us at support@sleepwatchapp.com.

You may also contact us at:

Bodymatter, Inc.
Attn: Legal Dept. (SW Privacy Policy)
4343 Von Karman Ave, Suite 150J
Newport Beach, CA 92660
U.S.A.