Last updated: June 6, 2024
This Privacy Policy applies to Easleep devices ( the “Easleep Device”) and associated applications, websites, software and related services accessed via Easleep Device that link to this Privacy Policy ( “Easleep” or “Services”). Zhejiang Qiangnao Technology Co., Ltd. (“BrainCo”, “we” or “us”) are committed to protecting and respecting your privacy. Please read our Privacy Policy below, which explains how we collect, use, share, and otherwise process the personal information of users, especially the highlighted or bold contents.
Data Controller: BrainCo is the controller of your information processed in connection with this Privacy Policy.
If you have any questions or concerns, we can be reached by our contact information below.
Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Service.
We collect your information in three ways: Information You Provide, Automatically Collected Information, and Information From Other Sources. More detail is provided below.
When you create an account, upload content, contact us directly, or otherwise use the Services, you may provide some or all of the following information:
· Profile Information. We collect information that you provide when you set up an account, such as your date of birth, username, email address and telephone number, CAPTCHA, and password. You can add other information to your profile, such as age, gender, sleeping conditions and health conditions, which are used to improve and customize your user experience.
· Easleep data. We collect Easleep data including but not limited to sensor data, processed data and activity data. Sensor data is collected through Easleep Devices, such as electroencephalogram (EEG) data. Processed data means data generated by processing Sensor data. Activity data, such as progress, trends, and achievements over time, and session start and end times collected by us via Easleep Devices based on your activity. This information is collected to ensure the functioning of Easleep.
· Surveys, Research, and Promotions. We collect Information You Provide if you choose to participate in a survey, research, promotion, contest, marketing campaign, or event conducted or sponsored by us.
· Information When You Contact Us. When you contact us, we collect the information you send us, such as proof of identity or age, feedback or inquiries about your use of Easleep or information about possible violations of our Terms of Service or other policies.
· Information From Forms and Features You Use. We collect the Information You Provide when you fill in a form on Easleep, you can let Easleep fill in forms automatically with your account info.
We automatically collect certain information from you when you use the Services, including internet or other network activity information such as your IP address, geolocation-related data, unique device identifiers, browsing and search history (including content you have viewed in Easleep), and Cookies.
· Usage Information. We collect information about how you engage with Easleep, including information about the content you view, the duration and frequency of your use and your settings.
· Technical Information. We collect certain information about the device you use to access the Services, such as your IP address, user agent, mobile carrier, time zone settings, model of your device, the device system, network type, device IDs, screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. We also collect service-related, diagnostic, and performance information, including crash reports and performance logs. We automatically assign you a device ID and user ID. Where you log in from multiple devices, we will be able to use information such as your device ID and user ID to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log in to Easleep.
· Location Information. We automatically collect information about your approximate location (e.g. country, state, or city) based on your Technical Information (such as SIM card and IP address). We may need to access your Location Information during its use in order to enable Bluetooth connectivity.
· Cookies. We, our service providers and business partners use cookies and other similar technologies (e.g., web beacons, flash cookies, etc.) (“Cookies”) to automatically collect information, measure and analyze how you use Easleep, enhance your experience using Easleep, improve Easleep, and for security purposes. Cookies enable Easleep to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF OUR SERVICE PROVIDERS AND BUSINESS PARTNERS, AND THE INFORMATION PRACTICES OF THESE SERVICE PROVIDERS AND BUSINESS PARTNERS ARE NOT COVERED BY THIS PRIVACY POLICY.
We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.
We may receive the information described in this Privacy Policy from other sources, such as:
· Advertising, Measurement and Other Partners. Advertisers, measurement and other partners share information with us about you and the actions you have taken outside of Easleep, such as your activities on other websites and apps or in stores. These partners also share information with us, such as mobile identifiers for advertising, hashed email addresses and phone numbers, and cookie identifiers, which we use to help match you and your actions outside of Easleep with your Easleep account.
· Additional Sources. We may collect or receive information about you from organizations, businesses, people, and others, including, for example, publicly available sources, government authorities, professional organizations, and charity groups. We also collect information about you where you are included or mentioned in Direct Messages, in a complaint, appeal, request or feedback submitted by a user or third party, or if your contact information is provided to us by a user.
We use your information to operate, provide, develop, and improve our Services, including for the following purposes. You can find more details in “Our Legal Bases and How We Process Your Information”.
· Provide and administer Easleep, such as enabling you to create content and provide user support.
· Fulfill requests for products, services, Easleep functionality, support and information for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes and solicit your feedback.
· Review, improve, and develop our Services, including monitoring interactions and usage across your devices, analyzing how people are using it, and training, testing, and improving our technology.
· Share your information with third-party platforms to provide you with features.
· Facilitate research conducted by independent researchers that meets certain criteria.
· Comply with our legal obligations, or as necessary to perform tasks in the public interest, or to protect the vital interests of our users and other people.
· To send promotional materials from us or on behalf of our affiliates and trusted third parties.
· Verify your identity in order to use certain features to ensure that you are old enough to use Easleep (as required by law), or in other instances where verification may be required.
· Communicate with you, including to notify you about changes in our services.
· Enforce our Terms of Service and other conditions and policies.
· Consistent with your permissions, to provide you with location-based services.
· Combine all the Information We Collect or receive about you for any of the foregoing purposes.
We are committed to maintaining your trust, and while we do not sell your personal information or share your personal information with third parties for purposes of cross-context behavioral advertising where restricted by applicable law, we want you to understand when and with whom we may share the Information We Collect for business purposes.
We engage service providers that help us provide, support, and develop Easleep and understand how it is used. They provide services such as cloud hosting and analytics. We share Information You Provide, Automatically Collected Information, and Information From Other Sources with these service providers as necessary to enable them to provide their services.
We share limited information which may include Information You Provide, Technical Information, and Usage Information with third-party platforms and partners whose platform or services are integrated with Easleep.
As a global company, Easleep is supported by certain entities within our corporate group (“Corporate Group”). These entities process Information You Provide, Automatically Collected Information, and Information From Other Sources for us, as necessary to provide certain functions, such as storage, content delivery, security, research and development, analytics, and technical support. See Our Global Operations and Data Transfers for additional information.
We share your information in other limited scenarios as follows:
· Users of Our Analytics Services. We provide aggregated statistics and insights to help people and businesses understand how people are engaging with Easleep.
· Independent Researchers: We share your information with independent researchers to facilitate research that meets certain criteria as described in Our Legal Bases and How We Process Your Information.
· Corporate Transactions. Your information may be disclosed to third parties in connection with a corporate transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business.
· Legal Obligations and Rights. We may access, preserve, and share the information described in “What Information We Collect” with law enforcement agencies, public authorities, researchers, copyright holders, or other third parties if we have good faith belief that it is necessary to: (i) comply with applicable law, legal process or government requests, as consistent with internationally recognized standards, (ii) protect the rights, property, and safety of our users, copyright holders, and others, including to protect life or prevent imminent bodily harm, (iii) investigate potential violations of and enforce our Terms, Guidelines, or any other applicable terms, policies, or standards, or (iv) detect, investigate, prevent, or address misleading activity, copyright infringement, or other illegal activity.
· Use of De-identified Data. Some of the information that you share with us or that we collect about you may not by itself identify you to us or be personally identifiable and therefore may not be considered personal information. We may also remove personal identifiers from your information to render such personal information non-identifiable. This includes Easleep Data and in-app surveys. We maintain and use it as de-identified data, and may combine such de-identified data with other information to generate aggregated data. We use such de-identified and/or aggregated information to help us improve our product and service offerings, and may also provide de-identified and/or aggregated data to researchers in connection with research programs.
· With Your Consent. We may share your information for other purposes pursuant to your consent or at your direction. We may share information about you with these third-party services if you choose to use these features.
We may only use your information when we have a “legal basis” to do so. We use different legal bases depending on why we use your information (in other words, the “purpose” of our processing). These legal bases are contractual necessity, legitimate interests (ours, yours or those of another party), consent, compliance with a legal obligation, performing a task in the public interest, and protection of vital interests.
We explain the legal bases we rely on when we process your information. This section also describes why we use your information, how this information is processed, the categories of information involved, and the associated rights (which always include the right to access your information).
If you have the legal capacity to enter into an enforceable contract, we use Information You Provide, Automatically Collected Information, and Information From Other Sources where it is necessary to perform the contract you enter into (our Terms) when you register for, access, or use Easleep. This means we use your information to:
· Provide you with the Services. We use your information to allow you to access and use the Services, including allowing you to create content.
· Enforce our Terms or policies. We use your information to enforce our Terms and policies. This may include suspending or banning your account if we determine that you are violating our Terms.
· Administer Easleep. We also use the information we have to administer Easleep, such as to communicate with you on service-related matters, provide you with updates and support, and respond to and process your queries, claims or disputes (including when you tell us about a problem, or ask for a copy of your information).
· delete the content posted on your profile, such as your Profile Information.
· delete your full account.
· request the deletion of a particular piece of content using the in-app reporting feature.
We use reasonable measures to help protect information from loss, theft, misuse, unauthorized access, disclosure, alteration, or destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. PLEASE NOTE THAT INFORMATION COLLECTED BY THIRD PARTIES MAY NOT HAVE THE SAME SECURITY PROTECTIONS AS INFORMATION YOU SUBMIT TO US, AND WE ARE NOT RESPONSIBLE FOR PROTECTING THE SECURITY OF SUCH INFORMATION.
We retain information for as long as necessary to provide the Services and for the other purposes set out in this Privacy Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing Easleep, and enhancing its safety, security and stability), and for the exercise or defense of legal claims.
The retention periods are different depending on various criteria, such as the type of information and the purposes for which we use the information. For example, when we process your information such as your profile information to provide you with the Easleep, we keep this information for as long as you have an account. If you violate our Terms of Service or other conditions or policies, we may remove your profile immediately, but we may keep other information about you to process the violation.
Your personal information may be collected, used, processed, transferred, and retained by us, our affiliates and our service providers in multiple countries 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. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. We comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries outside the European Economic Area (“EEA”) and Switzerland which have not been recognized by the European Commission as providing for such a level of protection. In all such cases, we will only transfer your personal information if we have put in place appropriate safeguards in respect of the transfer, including by executing data transfer agreements with our service providers based on the European Commission’s Standard Contractual Clauses in accordance with Articles 45 and 46 of the EU General Data Protection Regulation (GDPR) respectively. You may obtain a copy of the safeguards we use in respect of such transfers by contacting us by sending your request to the email address provided in the “Contact Us” section below.
To support our global operations:
We store the information described in the “What Information We Collect” section in servers located in China.
Our Corporate Group located outside your country of residence, are given limited remote access to this information so they can provide certain functions, as described in the Our Corporate Group section in “How We Share Your Information”. This access is limited, secure and only granted where necessary under strict security controls and authorization approval protocols.
We share “What Information We Collect” with service providers, partners and other third-party entities, as described in “How We Share Your Information”. These third parties can be located outside your country of residence. These entities commit to processing information in compliance with applicable privacy laws and to implementing appropriate security measures to protect your information.
When we transfer your information outside of the EEA, we ensure it benefits from an adequate level of data protection by relying on:
· Adequacy decisions. These are decisions from the European Commission under Article 45 GDPR (or equivalent decisions under other laws) where they recognize that a country offers an adequate level of data protection. We transfer your information as described in “What Information We Collect” to some countries with adequacy decisions, such as the countries listed here; or
· Standard contractual clauses. The European Commission has approved contractual clauses under Article 46 of the GDPR that allows companies in the EEA to transfer data outside the EEA. These are called standard contractual clauses. We rely on standard contractual clauses to transfer information as described in “What Information We Collect” to certain entities in our Corporate Group and third parties in countries without an adequacy decision.
We understand the importance of safeguarding the personal data of children, whom we consider to be an individual under the age of 18 or the equivalent age as specified by law in your jurisdiction (“Children”).
Easleep otherwise is not directed at Children. We do not knowingly collect or solicit any personal identifiable information from Children except in compliance with any applicable laws and regulations. Children are prohibited from using the Services or creating an Account unless they are doing so with parental consent or with the consent of a teacher, school, or district who is providing such consent in compliance with applicable laws and regulations. If we become aware that we have unknowingly collected personal information on Easleep from a Child, we will delete this information and terminate the Child’s account. If you believe there is a user who is below the age of 18, please contact us by sending your request to the email address provided in the “Contact Us” section below.
We may amend or update this Privacy Policy from time to time. We will notify you of any material changes to this policy by a notice provided through the Services or by other means. The “Last Updated” date at the top of this policy reflects the effective date of such policy changes.
If this Privacy Policy is translated into a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.
Questions, comments and requests regarding this Privacy Policy should be addressed to:
· Email: service@brainco.cn
· Telephone: (86) 0571-86167660
· Mailing Address: 120 Beacon St., Suite 201, Somerville, MA, 02143
If you are based in EEA or Switzerland, our designated GDPR representative is: Building B, 34 avenue Ollivary, 13008 Marseille, France