Phiên bản tiếng Việt sẽ được cập nhật vào ngày 11/11/2023

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 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

• 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 

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. 

EXTERNAL PROCESSING

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

Accessing and Exporting Data 

Editing and Deleting Data

DATA RETENTION

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

Our partners supply us with analytics and advertising services. This involves assisting us with knowing how users interact with the Services, distributing our advertisements across the internet, and measuring the performance of those advertisements. These partner businesses may use cookies and similar tools to collect information about your interactions with the Services and other internet sites and applications. 

INFORMATION SECURITY

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 frenzcare@earable.ai

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

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.
 
As per the GDPR, you have a broad right to object to the usage of your data for direct marketing purposes. Please refer to your notification settings to manage our marketing communications regarding Earable® Neuroscience products. Our general Cookie Use statement explains your choices for managing how Earable® Neuroscience and its partners use cookies and similar technologies for advertising. Please be advised that you can always delete your account at any time.

If you would like to request further assistance regarding your rights, please contact us at dataprivacy@earable.ai, 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

• 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