Privacy Policy

Introduction

In this Privacy Policy (“Policy”) we describe how Happy Health, Inc. (“Happy Health”) collects, uses, and discloses information that we obtain about users of our Website, Products, Mobile Application, and the Services as those terms are defined in our User Agreement and Terms of Use, as applicable.

By downloading or using any of our Services, you agree that your information will be handled as described in this Policy. Your use of the Application and Services, and any dispute over privacy, is subject to this Policy and our Terms of Use and User Agreement, available https://sleephappy.com/terms-of-use and https://sleephappy.com/user-agreement, including its applicable limitations on damages and resolution of disputes. The Terms of Use and User Agreement are incorporated by reference into this Policy.

Please note that our specific information practices will depend on your relationship with us, for example, if we provide Products and other parts of the Services to you on behalf of a healthcare provider that is a “covered entity” under the Health Insurance Portability and Accountability Act (“HIPAA”). This includes when we provide Services to you on behalf of iSLEEP Physicians Group, our affiliated clinical professional organization. For more information about how iSLEEP Physicians Group processes your protected health information (“PHI”), please visit https://sleephappy.com/notice-of-privacy-practices.

‍Information We Collect About You

‍We collect information about you directly from you through your use of our Product or Services.

Information We Collect Directly From You

We collect certain information directly from you depending on how you use our Services.

• Contact Information: This may include your name, email address, postal address, and phone number.
• Financial Information: We collect your transaction and payment information when you purchase a product or service from us. We work with third-party payment processors to process your payment card information.
• Health Information: We may collect information that relates to or indicates your health or health status. This includes information about your interest in and use of the Products or other parts of the Service. When you use the Products and the Mobile Application, we collect psychometric data such as how you’re feeling, sleep quality, and health habits and history, perceived stress or other wellness indicators, heart rate, temperature, activity, and other physiologic parameters related to your health, including sleep and breathing.
• Demographic Data: When you use the Products and Mobile Application, we may collect data regarding your bodily characteristics, including basic demographic information such as name, age, gender, height, weight.
• Website Activity: We collect information related to your access to and use of our Services, including the type of browser you use, access duration and times, pages viewed, your IP address, and the page you viewed before and after visiting our Services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
• Geolocation Information: We may collect the approximate location of your device from your IP address. With your permission, we may also collect your precise geolocation data when you use the Products or the Mobile Application.
• Commercial Information: We collect information about your product and service preferences and interests, including your interest in our Services.
• Other information that you may provide to us or that we may infer based on the above.

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How We Use Your Information

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We use your information, including your personal information, for the following purposes:

• To provide our Services to you and to fulfill your orders.
• To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Services.
• To send you marketing communications about our products and services.
• To send you news and newsletters.
• To send you marketing communications about products and services of our affiliated entities.
• To send you marketing communications about products and services of other entities that we think may be of interest to you
• To assist us in advertising on third party websites, mobile apps, and other online services, and to evaluate the success of our advertising campaigns through third party channels (including our online targeted advertising and offline promotional campaigns). Please note that we do not use information collected through Products or the Mobile Application to support online targeted advertising.
• To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Mobile Application are more (or least) used by users, and we will use this information.
• To analyze and improve our Services, including developing new products or services.
• For research purposes, including conducting clinical trials and publishing research findings.
• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• To create aggregated, anonymized, pseudonymized or de-identified data sets. We may use such data sets for research, product and services improvement and development, marketing, advertising, trend analysis, and other purposes.
• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to safety of any person or violations of our Terms of Service or this Policy.

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How We Disclose the Information We Collect

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We may disclose your information, including personal information, as follows:

Service Providers.

We disclose the information we collect from you to service providers, contractors, or agents who perform functions on our behalf, such as auditing and accounting firms, professional services consultants, providers of data hosting, storage, and analytics services, and IT and security vendors.

Affiliates.

We disclose the information we collect from you to our affiliates or subsidiaries.

Third Parties.

We disclose your information to third parties, including entities working on academic, clinical, or other research and product development to promote health and wellness, entities that can translate data into information you can use to improve health and wellness, and entities that may be able to provide you with information and educational materials that may support your journey to a healthy lifestyle.

Analytics Partners.

We use analytics services such as Google Analytics to help us understand the use o four Services. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

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Advertising Partners.

We may work with third-party advertising partners to show you ads that we think may interest you. These companies may use tracking technologies on our Website to collect or receive information over time and across different websites or platforms, including this Website and elsewhere on the internet, and use that information to provide measurement services and provide you with targeted ads. Please note that we do not use information collected through the Product or the Mobile Application to support online targeted advertising.

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We also disclose information in the following circumstances:

Business Transfers.

If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected about you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.

In Response to Legal Process.

We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others.

We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information.

We share aggregate, anonymized, pseudonymized, or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Consent.

We may also disclose your information with your permission.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

• Cookies. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
• Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags) to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Do-Not-Track.

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies). However, our Website may recognize certain opt-out preference signals, such as the Global Privacy Control, in which case, we will process these signals as requests to opt out of targeted advertising and/or requests to not “sell” your personal information according to applicable law. You may set such a signal through your browser or browser extension.

Third-Party Links

Our Mobile Application may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

What Choices Do I have Regarding Use of My Personal Information?

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Your Privacy Rights

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Depending on your place of residence, such as if you are a Texas resident, you may have the rights listed below (“Data Subject Rights”) with respect to the personal information that we collect or process about you. Please note that we reserve the right to honor your Data Subject Rights to the extent required by applicable law.

Right to Confirm Processing and/or Obtain a Copy: If you ask us, we will confirm whether we are processing your personal information. Additionally, upon request, we will provide you with a copy of all personal information you are lawfully entitled to receive, potentially including specific pieces of information, along with certain other details.

• Right to Correct: If you believe your personal information is inaccurate or incomplete, you may request that we correct it.
• Right to Delete: You may request that we delete personal information that we maintain about you.
• Right to Revoke Consent and/or Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal information in specific contexts, such as if we process personal information that is considered “sensitive” under applicable law or engage in certain automated decision-making activities.
• Right to Opt Out of Targeted Advertising: We engage in targeted advertising on the Website, which is the practice of serving you tailored advertisements based your personal information gathered over time and across other businesses, websites, applications, or services. You have the right to opt out of this practice.
• Right to Opt Out of Sales: Some jurisdictions may consider targeted advertising a “sale” of personal information. You may request that we not “sell” your personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising Data Subject Rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal information.
• Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate our earlier determination.
• Right to Lodge a Complaint: You may submit a complaint to us and/or the competent supervisory authority in the place in which you live if you have any concerns about our processing of your personal information.

If you or your authorized agents would like to exercise a Data Subject Right, you may do so by following the instructions in “Contact Us” below. In order to process your request to exercise a Data Subject Right, we may ask you to verify your identity by confirming your name, e-mail address, phone number, or other identifiable information that we have in our records, such as most recent interaction with us, if applicable.

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Children Under 18

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Our Services are not designed for children under 18. If we discover that a child under 18 has provided us with personal information, we will delete such information from our systems.

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Contact Us

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If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at support@sleephapy.com or by mail using the details provided below.

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3310 W Braker Ln., BLDG 2 STE 300 #744 Austin, TX 78758

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Changes to this Policy

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This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically.

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We will post any changes to this Policy on our Website or Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will notify you in accordance with applicable law, including through methods such as emailing you and/or posting a notice to the Services.