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Privacy Policy

This Privacy Policy is in addition to and IS incorporated into the End User License Agreement. It refers to SleepRates’s end-users.

All terms in capital letters not otherwise defined herein, shall have the meaning ascribed to them in the SleepRate’s End User License Agreement as they appear on the Website.

1. Privacy Statement

SleepRate Inc. takes the privacy of your Personal Data seriously. Therefore, we use only the necessary data to provide our services and fulfil our obligations by contract with users, third parties or by laws & regulations.

This Privacy Policy sets forth our policy with respect to information that can be associated with, or which relates to a person and/or could be used to identify a person, such as name, identification number, location data, online identifier; or to one or more factors specifically related to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (“Personal Data”).
“Non-Personal Data” as used in this Privacy Policy is therefore any information that does not relate to a person and/or cannot be used to identify a person.

We may also use Non-Personal data. The limitations and requirements in this Privacy Policy on our gathering, use, disclosure, transfer and storage/retention of Personal Data, do not apply to Non-Personal Data.

Please read below to understand more about our privacy policy. This Privacy Policy applies to the Website, the System and the Services granted therein, and governs data and information collection and usage thereof.

2. Acceptance

By clicking on the “I accept” (or similar consent) button or by using our Website, the System, the Services and/or the data, accessing, browsing or otherwise submitting information, to the Website, you acknowledge and consent to the collection, process and use of such information by SleepRate as set forth below and in the End User License Agreement https://www.sleeprate.com/terms-of-service

If You do not agree to any of these terms, You may not use, and therefore immediately must cease any use of, the System, the Services, Application and/or the Website.

2.1 You acknowledge and understand, that SleepRate’s Website, System and Services are neither a medical device, nor a medical program, and are not intended for the diagnosis and/or treatment of sleep disorders, and no input provided by the Website, System, Application and Services or shall be considered or related to as medical advice.

2.2 The Privacy Policy may be updated from time to time, and the latest version of the Privacy Policy will be posted on the Website. Any changes made to this Privacy Policy shall be effective immediately following the posting of such changes. You hereby agree to review the Privacy Policy published on the Website from time to time and agree that any subsequent access to or use by You of the System, the Services and/or the Website following any such update, shall constitute Your acceptance of all the changes thereof.

3. Personal Data that we use

3.1 We might collect, receive, use and process Personal Data that:

3.1.1.  You voluntarily provide; and/or

3.1.2.  You consent to be collected and processed; and/or

3.1.3.  Needs to be processed to meet contractual obligations entered by you, and our customers or us; and/or

3.1.4.  Needs processing to comply with legal obligations.

If you have a reasonable basis to assume or you know that any of the above mentioned is not met, you ARE requiered to inform us, without FURTHER delay, by sendING us AN email to: [email protected]

3.2.  The Types of Information that we might collect, receive, use and process:

3.2.1. Personal Information: While providing the System, the Services and the Website, SleepRate may collect or receive Personal Data (such as – name, age, gender, weight, height, working hours, billing address, shipping address, contact information, heart rate, duration of sleep cycles, sleeping hours, etc.), whether provided directly by you (such as when you Subscribe to the Services and create an account), or obtained when you upload to the Cloud or the System your sleep data, such as details regarding your sleeping environment, your feelings, behaviors and other factors that may impact your sleep.

Personal Data may also include, other than your name, e-mail address and gender, personally identifying information about our users (such as telephone number, street address, occupation, hobbies, interests etc.).

3.2.2. User Account Related Information: We collect information that allows you to establish a username and password, and contact information for smooth communications. We save information about your activities on our servers, data regarding when a user logs in and out, data regarding specific actions on the website, the system and the services and, if applicable, the files that were viewed and acted on.

3.2.3. Technical Information: There is also information about your computer hardware and software or other device (such as a phone) and the use thereof, that is automatically collected by SleepRate during the use of the Website, the System and the Services such as and without derogating from the generality of the foregoing, Your IP address, browser type, domain names, access times and referring websites’ addresses.

3.2.4. At no time shall Personal Data collected from you in accordance with this Privacy Policy or any information or materials derived from such Personal data be deemed to be an electronic health record or an electronic medical record for any purpose whatsoever under any law or regulation, including without limitation for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996.

4. How we use the Personal Data.

SLEEPRATE WILL NOT USE OR DISCLOSE PERSONAL DATA WITHOUT YOUR EXPLICIT CONSENT which obtained directly from our website, system and the services or from our customers.

4.1. Processing and Analyzing: The information as described above is used by SleepRate solely for the following purposes: (i) for provision of the Service, (ii) to maintain quality of the Service, and (iii)  for general statistics regarding use of the Website, the System and the Service and use habits of the Website’s, System’s and Service’s users in an anonymous, non-identifiable manner, and SleepRate may share this anonymous user information and data with researchers, business partners, publications, and other third parties. This information will not identify you personally.
4.2. Certain Purpose: If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.

4.3. Use or Access: If you provide Personal Data in order to obtain access to or use of the Website, System or our Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Website, System or our Services or any functionality thereof and to monitor your use.

4.4. Internal-Business Purpose: We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Website, System and our Services to better understand our Customers and End-Users, to the Website, System and our Services, to protect against, identify or address wrongdoing, to enforce our Terms of Use and this Privacy Policy, to manage your account and registration and provide you with customer service, and to generally manage the Website, System, our Services and our business.

4.5. SleepRate keeps track of the Website, Services, and System in general, and of its users’ visits of the Website and System in particular, in order to determine popularity of certain features, functionality of the Website and System, and for other purposes, including commercial purposes. This data is used to deliver customized content and advertising within the Website to users whose behavior indicates that they are more interested in a particular subject area.

4.6. Marketing Purpose: If, upon subscription to the System and the Service, you’ve confirmed your assent to receive promotional and other commercial information by SleepRate, then SleepRate shall be entitled to use certain aspects of the Personal Data for promotional purposes, such as to offer you additional products or services. Under such authorization, SleepRate shall not divulge such Personal Data to third parties.

4.7. Subject to your opting in to receive such information, SleepRate may contact you, from time to time, on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your Personal Data and contact details shall not be transferred to such third parties.

If by mistake you receive direct marketing without your specific consent and/or wish to opt-out, you reqUIRED to contact US at: [email protected]

4.8. Security and Dispute Resolution: We may use Personal Data to protect the security of the Website, System and Services, to detect and prevent fraud, fishing, identity theft, data leakage, to confirm the validity of software licenses, to resolve disputes and enforce our agreements.

4.9. Data Retention, Archives: In the interests of the End-User, we retain and archive Personal Data as long as it necessary to obtain our services, meet with contractual obligations, laws and regulations and subject to our retention policies, End-User’s “right to be forgotten” and this Privacy Policy.

4.10. Transfer/Share/Disclose Data: We will not Transfer/Share/Disclose any Personal Data unless it is necessary to perform our services to you and on “need to know basis”. Therefore, we may share your Personal Data with our affiliates, contractors and service providers who process Personal Data on behalf of us to perform certain business-related functions. While we do so we make sure that they will be bound to maintain that Personal Data in accordance with this Privacy Policy.

4.11. Cloud Services: We may need to share Personal Data among our cloud services. For example, assist in protecting and securing our Platform the cloud service admin may need access to Personal Data to provide those functions. In such cases, the cloud service supplier must abide by our data privacy and security requirements and are not allowed to use Personal Data they receive from us for any other purpose.

4.12. We may need to share some Personal Data among our development and support team. For example, in order to provide customer service and support or assist in protecting and securing our systems and services our development and support team may have access to Personal Data. In such cases, our personnel must abide by our data privacy and security requirements and policy and are not allowed to use Personal Data for any other purpose.

By accepting this Privacy Policy and/or using the Website, System or our Services you are hereby agree and give us permission to do so.

4.13. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of SleepRate (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

4.14. Use of Cookies-

4.14.1. The Website uses “Cookies” (whether of SleepRate or of third parties) to help you personalize your online experience. A Cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the Cookie to you.

4.14.2. One of the primary purposes of Cookies is to provide a convenience feature to save you time. The purpose of a Cookie is to tell the web server that you have returned to a specific page. For example, if you personalize your Account pages, or register with the Website, the System and/or the Services, a Cookie helps SleepRate to recall your specific information on subsequent visits. This simplifies the process of recording your Personal Data, such as IP addresses, username and so on. When you return to the Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized.

4.14.3. You have the ability to accept or decline Cookies. Most web browsers automatically accept Cookies, but you can usually modify your browser setting to decline Cookies if you prefer. If you choose to decline Cookies, you may not be able to fully experience the interactive features of the services provided in the Website or other web sites you visit.

4.14.4. We use remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the Network Advertising Initiative opt-out page.

4.15 We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.

4.16. Other Purposes: If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected, used or processed.

5. How We Store Your Personal Data , transfer your data to 3 rd parties and to non EEA countries.

5.1. We use the Amazon Cloud Services that comply with the GDPR and is ISO 27001, 27017, 27018 certified (for AWS full statement see https://aws.amazon.com/blogs/security/all-aws-services-gdpr-ready/). The Personal data collected by us is stored at Amazon US (AWS GovCloud U.S). AWS is certified under the EU-US Privacy Shield (For more information see: https://aws.amazon.com/compliance/eu-us-privacy-shield-faq/ ).

5.2. In order to deliver our services data may be processed by our third parties service providers (i.e. email exchange servers services, SMS providers, affiliates etc.) (“Suppliers”). We transfer only the minimum data that is necessary for conducting our services. The data is transferred only to suppliers approved by us that allow for compliance with GDPR.

5.3. Personal Data may be transferred, stored and processed in countries outside the EU or European Economic Area (EEA). Such transfer to third countries may include countries that do not ensure adequate level of data protection laws as required by EU privacy laws. We implement high level of information security technics & technical measures and/or third parties contractual obligations to maintain their Information security level adequate to SleepRate’s level.

5.4. We may transfer Personal Data to the State of Israel where we maintain our facilities. Israel is considered by the EU as a country that has adequate data protection laws.

6. Accessing, Updating, Correcting, Deleting, restriction of processing, lodging a complaint with a supervisory authority rights.

6.1. Right of Access, Updating, Correcting and Deleting: You may have the right to request access to some of your Personal Data being stored by us. You can also ask to correct, update or delete any inaccurate Personal Data that we process about you. All subject to our policies and the applicable laws and regulations.

Our System enables you to view, edit, or delete your Personal Data by your sole decision. You can exercise these rights, by using the System directly. We will not have any liability when using these functions and you hereby obligate to use them according the law and regulations. If you can’t exercise this right by the System you can contact us at: [email protected] We will respond to requests to access, edit or delete your Personal Data within 30 days.

6.2. We may retain your Personal Data for a period is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time due to technical issues or for legal, tax or regulatory reasons or for legitimate and lawful business purposes.

6.3. Please note that uninstalling the System or failing to use it does not delete Your information and we may use it for analyzing, research purposes or any other purposes, in anonymous way and subject to the terms of this Privacy Policy. If You wish to delete Your information, You are required to use the dedicated function in the System. Please note that deleting Your Personal Data or any other information from Your account may have implications on the quality of the Services.

6.4 Right to Restriction of Processing: You may have the right to restriction of processing if one of the following apply:

6.4.1. The accuracy of the Personal Data is contested by you;

6.4.2. The processing is unlawful, and you opposes the erasure of the Personal Data, and requests the restriction of their use instead.

6.4.3. Your service provider no longer needs the Personal Data for the purposes of the original processing, but the data is required by the you for the establishment, exercise or defense of legal claims.

You have objected to processing pending the verification whether the legitimate grounds of your service provider override those of you.

If you wish to object the processing, you are required to contact us to: [email protected] .

6.4.4. You may have the right to lodge complaint with a supervisory authority. However, prior doing so, you welcome to contact us by email to [email protected] in order to solve the issue for the benefit of all parties. Our supervisory authority is the Israeli Data Protection authority.

7. Security of Personal Data

7.1. We are committed to protecting the security of any Personal Data on our database and network. We use a variety of security technologies and procedures to help protect all Personal Data from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you disclose.

7.2. We implement legal, technical and organizational information security measures, based on the ISO certification mechanism method. We are certified of ISO 27001:2013 – Information Security Management System and ISO 27799:2008 – Health Informatics – information security management.

7.3. We also implement security and privacy by design techniques.

8. Exclusions

This Privacy Policy does not apply to any Personal Data collected by SleepRate other than Personal Data collected through the Website, the System and the Services. This Privacy Policy shall not apply to any unsolicited information you provide to SleepRate through the Website, the System and the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Website, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and SleepRate shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

9. Children

The Website, the System and the Services are intended for adults.  Users under the age of eighteen (18) are not permitted to use the Website, the System and the Services without the consent of a parent or legal guardian.

If you have reason to believe that a minor or a child has provided Personal Data to us through the Website System and the Services without its parental/custodian’s approval, you ARE required to notify us by email to [email protected] , and we will endeavor to delete that information from our databases.

10. Links to Other Websites

This Privacy Policy applies only to the Website, the System and the Services. The Website may contain links to other websites not operated or controlled by SleepRate (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links, from Website, the System and the Services do not imply that SleepRate endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies

11. Dispute Resolution.

If you have a complaint about SleepRate’ privacy practices you should write to us at: [email protected] We will take reasonable steps to work with you to attempt to resolve your complaint.

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