PRIVACY POLICY

Empower Sleep, LLC

Introduction

Empower Sleep, LLC (“Empower Sleep,” “us,” “our”) respects your privacy and are committed to protecting it through our compliance with this policy.This policy describes the types of information we may collect from you or that you may provide when you visit our website, empowersleep.com (the “Website”) or access or use our Empower Sleep software as a service platform and related software, documentations, and applications (collectively, the “Platform”) and/or our Empower Sleep mobile software application and related documentations (collectively, the “App,” together with the Platform, the “Services”).  This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website or through the Services.

  • In email, text, and other electronic messages between you and the Website or between you and the Platform or the App.

  • Through the Services or any other mobile or desktop applications you acquire from us.

  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

  • When you communicate with our support staff or other customer representative regarding the Website or the Services.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us or any third party; or

  • Any third party, including through any application or content that may link to or be accessible from or on the Website, the Platform, or the App.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Services.  By accessing or using our Website or Services, you agree to this privacy policy.  This policy may change from time to time.  Your continued use of the Website or Services or after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website or Services are not intended for use by children under 13 years of age. No one under age 13 may provide any information to or on the Website or the Services. We do not knowingly collect personal information from children under 13.  If you are under 13, do not (i) use or provide any information on this Website, the Services, or through any of their features, (ii) register or create an account on the Website or the Services, (iii) make any purchases through the Website, (iv) use any of the interactive or public comment features of this Website or the Services, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website or Services, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, age, health care condition, credit card or other payment data (“personal information“);

  • About your internet connection, the equipment you use to access our Website or Services, and usage details.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the Website or use the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies or other tracking technologies.

Information You Provide to Us

The information we collect on or through our Website or Services may include:

  • Information that you provide by creating an account or filling in forms on our Website or Services. This includes information provided at the time of registering to use our Website or Services, posting material, making orders for our services or products. We may also ask you for information when you report a problem with our Website, Services, or other related services.

  • Data that we retrieved directly or indirectly from any Empower Sleep or third-party medical devices or monitoring equipment with your authorization in accordance with the Terms of Use for purposes of providing the Services to you.

  • Data that we retrieved directly or indirectly from any Empower Sleep or third-party medical devices or monitoring equipment with your authorization in accordance with the Terms of Use for purposes of providing the Services to you.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purpose

  • Details of transactions you carry out through our Website or Services and of the fulfillment of your orders or any product or service we offer. You may be required to provide financial information before placing an order with us through our Website.

  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk.  Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website or Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website or Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or the Services.

  • Information about your computer, mobile device, and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our user size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website, Services, and their contents to you.

  • To provide you with information, products, or services that you request from us.

  • To fulfill your purchase orders any other purpose for which you provide it.

  • To provide you with notices about your account, including expiration and renewal notices.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or Services.

  • To allow you to participate in interactive features on our Website or Services.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile.

Protected Health Information (HIPAA)

To the extent that we provide “Business Associate” services to you for any purpose, we comply with applicable privacy and security rules under HIPAA and applicable state law.

Disclosure of Your Information
We may disclose aggregated information about our users, and information that is de-identified in the manner required under HIPAA without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred or reviewed as part of a customary due diligence review as part of such sale transaction.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our Terms of Use.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety, of ourselves and of our customers or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website or the Services and visiting your account profile page.

You may also send us an email at support@empowersleep.com  to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Data Security

We have implemented measures consistent with applicable law which are designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any transactions of protected health information under HIPAA or payment will be encrypted.

The safety and security of certain information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. 

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the unauthorized use of your information or for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.  In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Services.

California Residents

Under the California Consumer Privacy Act (“CCPA”), California residents have certain rights regarding their personal information. If you would like to exercise these rights, please contact us using the email address, toll-free phone number, or physical mailing address, or other mechanism listed within the “Contact Information” section below.  For your own privacy and security we may require you to prove your identity before providing the requested information, as provided for by the CCPA.

We will respond within the requirements of the CCPA.This Policy supplements the sections above describing the personal information we collect from you and the purposes for doing so. The CCPA grants California residents specific rights, including the following:

Upon a verifiable request, made through one of the methods provided within the “Contact Information” section below, we will disclose to you the items listed below, one or more of which may be provided by this Policy:

  • The categories of personal information we have collected about you.

  • The categories of sources from which the personal information was collected.

  • The business purpose behind collecting the personal information.

  • The categories of third parties with whom we have shared the information.

  • The specific pieces of personal information we have collected about you.

The right to request deletion: upon a verifiable request, made through the “Contact Information” section below, we will delete personal information we have regarding you and direct our service providers to delete your personal information from their records, to the extent provided by the CCPA.

The right to be free from discrimination: we will not discriminate against you for exercising any of your rights under the CCPA.

If you are a job applicant, you may provide certain personal information to us, including email address, phone number, name, SSN and government issued identification numbers. 

What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to facilitate our response.

Time Limit to Respond
We will respond to all legitimate requests within forty-five days, or as required by the CCPA.

Nevada Residents 
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing support@empowersleep.com with the subject line “Nevada Sale Opt-Out”. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change

Consent to Transfer
Our computer systems are currently based in the United States, so your personal information will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protections as in other parts of the world. By using the Services, you agree to this Privacy Policy and you consent to the transfer of all such information generated outside the United State to the United States, which may not offer a level of protections equivalent to that required in the European Union or certain other countries.

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page.  If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us via email at support@empowersleep.com or via our phone number at (213) 375-4070 or by US Mail at 473 E. Carnegie Drive, Suite 200, San Bernardino, CA  92408.