Privacy Policy (Face Data Use)

This privacy notice for Earable Inc. (doing business as Earable®Neuroscience) ("Earable®Neuroscience," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your face data information when you use our services ("Services"), such as when you:

• Visit our website at https://earable.ai /,  https://frenzband.com/ , or any website of ours that links to this privacy notice

• Download and use our mobile application (FRENZ), or any other application of ours that links to this privacy notice

• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at frenzcare@earable.ai.

This Privacy Policy (“Policy”) on the use of face data describes how Earable Neuroscience Inc. (referred to as “Company,” "we," "us," or "our") uses face data for sleep monitoring and analysis purposes through our devices and services. This Policy also describes how we collect, use, disclose, and transfer individually identifiable information ("Personal Data") and how face data will be managed and used by us. We may amend this policy at any time and will notify you of the amendments where possible.

1. What Personal Data we collect

We capture your facial muscle movements and eye movements through our systems ("Face Data").

2. Why we collect, use, and disclose your Personal Data

We may collect, capture, use, disclose, transfer, and carry out any operation, including but not limited to recording, holding, adapting, altering, modifying, destroying, deleting, retrieving, combining, copying, transmitting, storing, extracting, amending, adding, in relation to your Face Data, for the purpose of sleep scoring and analytics ("Face Data Processing Purposes"), on the legal basis of legitimate interests; vital interest; legal compliance; public interest; consent; or any other basis as permitted by applicable laws (provided that those interests are not overridden by individuals’ rights and interests). Face data is collected solely for signal processing in the mobile device, and is only retained temporarily during the analysis process.

3. To whom we disclose your Personal Data

3.1 We will keep Face Data concerning you confidential, and will not disclose or transfer it except to our subsidiaries, affiliates, and other carefully selected third parties now or in the future, licensees, joint venture partners and/or service providers, to achieve the Face Data Monitoring Purposes provided in this Policy except where explicitly consented by you.

3.2 Third parties to which we may disclose Face Data and other Personal Data concerning you include our affiliates (as part of our legitimate interest and our affiliates' interest to achieve the Face Data Monitoring Purposes), governmental and/or regulatory organizations (to comply with legal obligations or to support or assist law enforcement organizations with regard to investigation and prosecution of civil or criminal proceedings), and third-party service providers (as our necessary steps to ensure our protection of your health and personal safety, and belongings). However, the access to Face Data may only be accessed or disclosed to the extent necessary in order to deal with an incident which falls within one of the objectives identified in this Clause 3.2 or in order to respond to a request made by an individual under the law under Clause 2. 

3.3 We may disclose or transfer your Face Data as part of necessary steps to ensure your health, personal safety, and belongings, to third-party service providers, and such disclosure or transfer may only be done by obtaining your consent or there are any other compelling legitimate grounds (e.g., to perform the contract terms between us and other persons for your benefit) as permitted by applicable laws. 

4. Security measures

4.1 We use reasonable organizational, technical, and administrative security measures to protect Face Data and Personal Data concerning you from accidental, unlawful, or unauthorized access, destruction, loss, use, alteration, or disclosure.

4.2 We will from time to time review and update our security measures as necessary or upon development of the concerning technology to ensure effective and appropriate security measures, and in line with legal requirements as prescribed by the relevant governmental organizations. 

5. How long do we retain your Personal Data

We will retain your Face Data in our system for the period necessary to fulfill the Face Data Monitoring Purposes for which we obtained them. When we are no longer permitted by the applicable laws to store your Face Data, we will remove it from our systems and records. However, we may retain your Face Data for a longer duration, such as until the end of legal action or if required by the applicable laws or specific Face Data are required to be retained in order to deal with an incident or in order to respond to a request by an individual made under the law. Face data for end-consumer sessions will only be stored temporarily for the purposes of processing during sleep scoring. For B2B or research services where different agreements are in place, face data may be retained for up to 36 months. The data is never stored indefinitely and will always be subject to the specific consent provided by the users.

6. Contact us

Subject to the conditions and exceptions under the applicable laws, you may have the rights to access and/or obtain a copy of, port, rectify, delete, destroy or anonymize certain Face Data that we have about you, restrict and/or object to certain activities, in which we engage with respect to your personal data. If we process your Personal Data based on your consent, you may withdraw your consent, but we may not be able to provide you with our goods or services. You may also have the right to request us to disclose how we obtain your Personal Data without your consent and lodge a complaint with the competent authority under the applicable laws.

If you have questions or concerns or would like to exercise your rights in relation to your Face Data, please contact us at:

Earable Neuroscience Inc.

Headquarters: 29995 Baseline Road, Boulder, CO, US

Email: frenzcare@earable.ai

Hotline: (+1) 310 686 168 (PST timezone)