Pulsewear’s Commitment to Privacy
At Pulsewear, our vision is to empower personal transformation to improve lives and change the world. Our goal is to be industry leaders in the protection of users’ privacy.
We are committed to the following privacy principles:
Your personally identifiable information belongs to you, and at all times you retain complete ownership of your personally identifiable information collected by us during your use of Pulsewear products and services.
When we store your personally identifiable information, we take security measures that meet or exceed industry standards.
If this policy changes in the future, we will post an updated version on our website at www.dreamon.co and/or www.pulsewear.co. We recommend that you check these websites periodically in order to review our current policy. You can tell if this policy has changed by checking the effective date that appears at the top of the policy. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the policy was changed. If you continue to use our Products after the policy changed or notice of the change has been given, you will be deemed to have accepted such changes.
INFORMATION WE COLLECT
WHEN YOU CREATE AN ACCOUNT WITH US
To use our Products, you may be asked to download our mobile or desktop application, and you may need to create an account with us. In order to create an account, you may need to provide us with information such as your login credentials (e.g. your email address, name and/or password), geographic region, handedness, gender, and year of birth.
WHEN YOU USE OUR PRODUCTS
When you use our Products, we may collect technical properties of the hardware and software used in conjunction with our Products. For example, when you are accessing certain web pages and/or features of our Products, we may collect the type and model of hardware and/or web browser you are using, how long you use our Products, and the operating system version you are using in conjunction with our Products.
DATA SYNCED WITH THE CLOUD
Data about your activity is automatically transferred from your device to our cloud. This data is stored and used to provide the Products. Each time a sync occurs, we also log data about the transmission. Some examples of the log data are the sync time and date, your device’s battery level, and the Internet Protocol (IP) address used when syncing. Such logged data may include your access date and time, duration of access, the specific web and/or application service used.
WHEN YOU MAKE PURCHASES FROM US
While payments made through or for our Products are processed through a third party payment processor, information to administer, manage, and fulfill the purchases you make may be collected by us or on our behalf. Such information may include your name, email address, account information, what is ordered, the date and time of the order, the quantity and price of the order, whether payment was made, method of payment, purchase history, and if you re-ordered.
WHEN YOU CONTACT US FOR HELP
Your customer service telephone calls, emails and other communications with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance, and/or product and service enhancement purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our products and services. As part of the recording and logging of the calls and emails, we may collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
WHEN YOU ACTIVATE LOCATION FEATURES
When you use our Products, we may collect your IP address. Our application may ask you to enable location sharing in order to provide you with location features, and if you enable it we may store your location on our cloud. If enabled, you may deactivate these location features at any time and we will stop collecting this type of information. Such deactivation may restrict your use of the Products on certain platforms due to limitations applicable to those platforms. For example, access to Bluetooth low energy on Android requires that location features be active.
HOW WE USE YOUR INFORMATION
We use your information to help you make the most of your experience using our Products, and to improve our Products and protect Pulsewear. For example, we may use your information:
to understand and meet your needs and preferences, and/or to provide you with our Products, for example:
for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving disputes, deactivation, upgrade, or update of Products;
to process and fulfill your order, send you emails to confirm your order status and shipment, send you Products you order, and allow you to pay for Products you order;
to check if Products are technically functioning as intended and to help identify and troubleshoot issues;
to fulfill or enforce any agreements or notices we provide (“Notice(s)”);
to manage or respond to your inquiries;
to develop new and enhance existing Products including to communicate with you about them using various means, for example to make available or send to you upgrades or updates, or notices of upgrades or updates of Products;
to inform you of our product and service offerings including new features, functionality, and/or learning opportunities;
to manage and develop our business and operations, for example;
to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect our property;
to allow for business continuity and disaster recovery operations;
to enforce our legal rights; and
for statistical purposes;
to meet legal and regulatory requirements and to respond to what we consider emergency situations, for example:
to respond to court orders, warrants or other lawful requests or legal processes;
to provide emergency assistance in situations that may threaten the life or physical safety of you or others;
to protect our legal rights; or
for any other purposes for which you have consented, such as those that may be set out in notice, and other purposes as permitted or required by any applicable law.
We will retain your PII as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.
VOLUNTARY RESEARCH PROGRAMS
Developing new algorithms for the classification of data requires intense research. The most useful tool in advancing science is data from users like you.
While using the Products, we may, from time to time, ask you to participate in research programs aimed at improving our understanding of sleep, developing new algorithms, improving our ability to deliver products and services, and/or advancing scientific research.
Participation in such programs is entirely voluntary, and the choice to participate will always be presented to you clearly. We will inform you, when presenting the choice, what types of data will be collected as part of the research program and what additional rights we may have with respect to the use of such data.
You can choose at any time to withdraw your consent to participate in any voluntary research program. Should you withdraw your consent, your non-aggregated PII will not be used by us in any future research or reports.
INFORMATION THAT COULD IDENTIFY YOU
We will only share your PII data with the following parties and/or under the following circumstances:
within Pulsewear and/or with our service providers such as a cloud service provider;
with our financial, insurance, legal, accounting or other advisors that provide professional services to us or with our investors;
if you have consented or if you direct us to share it with third parties. For example, you might direct us to share PII with a professional as part of a wellness program;
if you are participating in a corporate program, any and all information about your use of the Products with your employer or its agents, if your employer has confirmed that you have authorized such disclosure;
as necessary to complete any transactions while using our Products;
respond to a subpoena, order, legal process, or governmental request;
protect, establish or exercise our legal rights or defend against legal claims;
investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of anyone;
as otherwise required by law;
if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information; or
if you have authorized us to share it in accordance with any voluntary research program terms and/or and terms and conditions you have agreed to or a Notice.
INFORMATION THAT DOES NOT IDENTIFY YOU (DE-IDENTIFIED DATA)
Some of the information shared by you through our Products may not by itself identify you to us or be personally identifiable and therefore may not be considered PII. If we combine any such non-personally identifiable information with other PII available to us, the combined information will be treated as PII in accordance with this policy.
You own all your PII and have control over how you share it in accordance with this policy. However, notwithstanding anything to the contrary contained in this policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information.
OTHER WAYS YOU MIGHT SHARE YOUR INFORMATION
We may provide you with ways for you to share PII with other Product users. When you interact with others, you may be displaying your PII based upon the visibility settings in your user account privacy settings. Always check your user account privacy settings to understand what PII will be visible to others.
CONTESTS AND GIVEAWAYS
HOW TO DEACTIVATE YOUR USER ACCOUNT
You can deactivate your user account by contacting us at email@example.com. When you do, your PII will be removed from the Products. Backup copies of this data will be removed from our cloud based upon an automated schedule, which means it may persist in our archive for a short period. Pulsewear may continue to use your de-identified data and aggregate information.
PULSEWEAR POLICIES FOR CHILDREN
Our Products are not directed at persons under the age of 13. We do not knowingly collect any PII from children under 13. If we become aware that we have unknowingly collected PII from a child under the age of 13, we will make commercially reasonable efforts to delete such PII from our records. If you are aware of a user under the age of 13 using our Products, please contact us at firstname.lastname@example.org.
When you visit our website, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your device when you access the website), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to the website), and embedded scripts (programming code that is designed to collect information about your interactions with the website, such as the links you click on, and which is active only when you are accessing the website).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the website (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
We may use third party web analytics services to help us analyze how visitors use the website. We may permit these third parties to operate directly on the website, use their own technology (such as cookies or web beacons), and collect information about you on our behalf.
The information we collect in this manner is collected to enhance your user experience. For example, this information allows us to pre-fill form fields as well as provide you with contextual recommendations while using the website.
When you visit our website, we may allow some third parties (such as advertising networks and data analytics companies) to collect information about your online activities over time and across different websites. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.
In some instances, we may also combine information we receive about you from third parties with information we collect through the website.
HOW DOES PULSEWEAR KEEP YOUR INFORMATION SAFE?
We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your PII against loss, theft, and unauthorized access, disclosure, copying, use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information.
We limit access to your PII within Pulsewear to individuals with a need to know.
Your PII may be collected, used, processed, transferred, and retained in multiple countries including United States, Canada, and the European Economic Area which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Products, you consent to your PII being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
YOUR DECISIONS ABOUT YOUR INFORMATION
At any time you can contact us to: stop receiving emails from us; review the PII held by us in connection with your account; deactivate your account, which will stop any use and disclosure of your PII; and amend your PII, by writing to us at email@example.com. You can unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of promotional emails from us. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your account maintenance.
If you contact us to do any of the things listed above, we may require you to provide sufficient PII to allow us to identify you and tell you about the existence, use, and disclosure of your PII and this PII will only be used for this purpose. If you contact us about your PII, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws.
CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users who are California residents to request certain information, including the categories of personal information disclosed to third parties for their marketing purposes and the names and addresses of those third parties, regarding our disclosure of personal information to third parties for their direct marketing purposes, if any. If you are a California resident and you have questions about our practices with respect to sharing information with third parties and affiliates for their direct marketing purposes, please send your request by email to firstname.lastname@example.org or write to us at Pulsewear LLC, 98 4th st suite 414, Brooklyn New York 11231. You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
QUESTIONS OR COMMENTS