Privacy Policy

1. Introduction

​

Praesidium Inc. (together with its subsidiaries, divisions, and brands, collectively, "Praesidium," "we," "us," or "our," as the context may require) is an innovator in the intelligent sleep market, specializing in non-contact vital sign detection sensor technology. This Privacy Policy (this "Policy") describes our privacy practices for the website(s) where this Policy appears (the "Site"), as well as the Praesidium mobile and computer applications (together, the "App"), software, APIs, products, services and any other related media forms that are owned and managed by Praesidium (collectively, along with the Site, the "Services"), including the types of information we may collect from you when you visit the Services and our practices for collecting, using, protecting, and disclosing that information. We respect the privacy of the users of the Services ("you" or "your," as the context may require) and we are committed to respecting your privacy and the security of your personal information through compliance with this Policy.

​

Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using the Services, you agree to this Policy and our Terms of Use. If you do not agree with this Policy, please do not visit, access, use, or otherwise interact with the Services.

​

This Policy may change from time to time (see Section 11 (Changes to this Policy)). Your continued use of the Services after we revise this Policy means you accept such revisions and agree to abide and be bound by the most recent version of the Policy, so please check this page periodically for updates.

​

​

2. The Interactions this Policy Covers

​

Except with respect to Section 13.A (California Privacy Notice) or as otherwise required by applicable law, this Policy describes and applies exclusively to personal information (as defined below) that we collect on or in connection with the Services and in texts, emails, and other electronic communications sent through or in connection with the Services. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any application, website, or third party other than the Services, including through any application or content that may access, be linked to, or otherwise be accessible from the Services. If you visit an application, website, or third party that we mention or link to, be sure to review its privacy policy before providing it with any information, as that privacy policy will apply to your interactions with that application, website, or third party.

​

Except as otherwise provided in this Policy, "personal information" is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you. "Personal information" does not include information which is generally not considered "personal information" under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations, or information not otherwise considered "personal information" under applicable law.

​

​

3. Information We Collect

​

We collect several categories of information from and about you as a result of your use of the Services and as a result of your communications with us. This information may include:

 

• Personal information, including:

  • Identifiers, including your name, username, postal address, billing address, email address, mobile phone number, and other similar identifiers.

  • Biometric information, including your heart rate, heart rate variability, respiration, and other vital signs, activity, sleep and sleep stages, and other health data related to and collected in the course of using the Services. When your device is linked to our application and software, data recorded on your device is shared to our servers.

  • Demographic information, including your age, gender, height, weight, and other similar categories. 

  • Commercial information, including your payment information, product preference information, and other information related to your purchases or potential purchases.

  • Geolocation information, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs, if you have granted us access to that information. We may also derive your approximate location from your IP address.

  • Professional or employment information, including education and work history, when you apply to work with us.

  • Inferences drawn from any of the above, such as sleep insights. For example, based on your sleep data, we make inferences about your sleep patterns and provide you with customized insights to help improve your sleep.

• Information that is about to or relates to you but is not personal information and which does not identify you, such as information which has been de-identified or aggregated in a manner where it can no longer be used to identify you.

• Information about your internet connection, the equipment you use to access the Services, IP address and other unique device identifiers, your activity on the Services, and other usage details collected through your use of the Services.

• Any other information, including personal information, which you publicly disclose or share on the Services, or disclose to or share with us in any manner, which may include logs for food, sleep, water or female health tracking.

 

​

4. How We Collect Personal Information

​

We may collect personal information:

 

• Directly from you when you provide it to us;

• Automatically when you use or access the Services; and 

• From third parties, to the extent permitted by applicable law.

 

However, we will not collect or process your sensitive data without your affirmative consent. We obtain this consent separately when you take actions leading to our obtaining the information, for example, when you pair your device to your account or grant us access to your information from another service. You can use the account settings in the App to withdraw your consent at any time, or you may contact us to withdraw your consent. If you believe your consent to collect or process your sensitive data has been given mistakenly, please contact us as provided in Section 12 (How to Contact Us).

 

​

A. Information We Collect Directly 

​

The personal information we collect directly from you when you use or access the Services includes:

 

• User profile information provided at the time of registering to use the Services and throughout your use of the Services.

• Heart rate, breathing, and other vital signs, as well as activity, sleep, and other health data that is collected through your use of the sensor device and the Services.

• Details of correspondence and transactions you carry out through the Services.

• Information that you provide by filling in forms on the Services. This includes information provided at the time of requesting further information or reporting a problem with the Services.

• Records and copies of your correspondence if you contact us.

• Your search queries on the Services.

 

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Services or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk.

 

​

B. Information We Collect Automatically

​

As you navigate through and interact with our 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 Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Services.

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

• Stored files and information, such as photos, videos, and contacts, and other metadata.

 

The information we collect automatically is only statistical data and does not include personal information, but we may maintain the information or associate it with personal information we collect in other ways or receive from third parties. This information helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

 

• Estimate our audience size and usage patterns.

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

• Speed up your searches.

• Recognize you when you return to our Services.

 

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. We use both session-based and persistent cookies. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. 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 Services, and overall functionality of the Services may be impaired. 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 Services.

 

• Web Beacons. Pages of our Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). We may also use web beacons or pixel tags to compile anonymized tracking reports regarding website user demographics and website traffic patterns. We may then provide these reports to advertisers and others. For our own research purposes, we may link such reports with personal information voluntarily provided to us. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

 

• Analytics. We may utilize third party companies and analytics to help us market, sell, and provide information about our products and services. We may use web analytics tools provided by service providers, including, but not limited to, Google Analytics, which is a third-party service that transmits website traffic data to Google services in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We may use reports provided by Google Analytics and similar service providers to help us understand traffic on the Services. For more information, concerning Google Analytics and how it collects and processes data, please see "How Google Uses Data When You Use Our Partners Web Sites or Apps," located at www.google.com/policies/privacy/partners. We may use the information provided by these tools to improve our services and our online advertisements. These tools place session and persistent cookies in your browser to identify you as a unique user the next time you visit, access, or use the Services. Each cookie cannot be used by anyone other than the service provider (e.g., Google Analytics).

 

​

Online Tracking Disclosures

​

We also may use these automatic data collection technologies to collect information about your online activities over time and across third-party websites or other online services (also known as behavioral tracking). The Services currently do not respond to "do not track" browser signals or any other mechanism which automatically communicates your choice not to be tracked online. See Section 8 (Other Privacy Choices) for information on mechanisms that enable consumers to exercise choice about behavioral tracking and other privacy matters.

 

​

C. From Third Parties

​

We may also receive personal information or draw inferences about you from other sources, including service providers who collect or process information on our behalf. We generally require these service providers to use your personal information only as we direct and in a manner consistent with this Policy. 

 

We may offer the opportunity to engage with our website and content we produce on or through third-party social networking websites, plug-ins, and applications. When you engage with our content on or through third-party social networking websites, plug-ins, and applications, you may allow us to have access to certain information associated with your social media account, which may include personal data (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in, or application. When you provide information from your social media account, we may, through third party advertisers or the social media host website or application, use this information to personalize your experience on the third-party social networking websites, plug-ins, and applications, and to provide you with other products or services you may request. We do not build profiles based on this information. The sharing of such information is exclusively controlled by the social media platform you are using. If you do not wish to share such information or exercise any data subject rights related to such information, please refer to the privacy notices or policies of the social media platform you are using.

 

​

5. How We Use Your Personal Information

​

We may use the personal information that we collect about you or that you provide to us:

 

• To provide you with the Site and Services, all relevant content, and any other information, products, or services that you request from us.

• To track sleep patterns and provide sleep insights.

• To create, manage, maintain, and secure your account and to provide you with notices about your account.

• To communicate with you and to process your requests, purchases, and payments.

• To determine your general geographic location and provide localized content.

• To notify you about changes to the Services or any products or services we offer through it.

• To identify your product and service preferences and customize our communications to you.

• To provide, support, personalize, and develop the Services.

• To prevent transactional fraud and monitor for other types of fraud, abuse, and illegal activity.

• To help maintain the safety, security, and integrity of the Services, as well as our products, services, databases, and other technology assets.

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

• For testing, research, analysis, and product development, including to understand our audience, develop and improve the Services, as well as our customer service, products, and services. 

• To respond to law enforcement requests and, as required by applicable law, court order or governmental regulations.

• To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and customers is among the assets transferred.

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

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

• For any other purpose with your consent.

 

​

6. Disclosure of Your Personal Information

​

We may disclose personal information that we collect or you provide from any category identified above in Section 3 (Information We Collect):

 

• 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. For instance, we use third-party payment processors to collect and process your personal and financial information for payment.

• 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 assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

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

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

• To protect the rights, property, or safety of Praesidium, our customers, or others, in circumstances when we believe disclosure is necessary or appropriate. 

• To fulfill the purpose for which you provide it. 

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

• With your consent.

 

The categories of personal information we may disclose include:

 

• Identifiers

• Biometric information

• Demographic information 

• Commercial information

• Geolocation information

• Inferences

 

We may use or disclose aggregated information about our users and information that does not identify any individual without restriction. For example, we may disclose such aggregated or de-identified information publicly and to third parties in public reports about sleep and sleep stages, to partners under agreement with us, or as part of the community benchmarking information we provide to users.

 

​

7. Your Privacy Rights and Choices

​

We provide all users with rights to:

​

• Confirm whether we process their personal information.

• Access, correct, and delete certain personal information.

• Data portability.

• Opt-out of personal data processing for targeted advertising and sales.

• Opt-out of certain types of profiling.

 

To exercise any of these rights, please contact using the information set forth in Section 12 (How to Contact Us) below. We may deny a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect, and we may retain copies of your personal information to the extent required by applicable law.

 

To appeal a decision regarding a consumer rights request, please contact us at legal@biofi.com or 1-833-532-1742.

 

​

8. Other Privacy Choices

​

We strive to provide you with as many choices as possible regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

• Promotional Offers from Us. If you do not wish to have your contact information used by the us to promote our own products or services, please contact us as provided in Section 12 (How to Contact Us). If you no longer wish to receive our e-mail newsletters or promotions, you may unsubscribe using the link provided in every e-mail or contact us as provided in Section 12 (How to Contact Us).

 

• Accessing and Updating Your Information. To update your information (name, mailing address, telephone number and email address), you can review and change your personal information by logging into the Services and visiting your account profile page. You may also contact us as provided in Section 12 (How to Contact Us) to update your information. 

 

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website, https://thenai.org/opt-out. Similarly, you can opt out of receiving targeted ads from members of the Digital Advertising Alliance ("DAA") on the DAA's website, https://www.privacyrights.info. 

 

If you are a resident of certain jurisdictions (e.g., California), applicable law may provide you with additional rights regarding your personal information. Please see Section 13 (Jurisdiction-Specific Notices) for more information.

 

​

9. Security

​

We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. The safety and security of your information also depends on you. Where you have a password for access to certain parts of the Services, you are responsible for keeping this password confidential. Do not to share your password with anyone. We urge you to be careful about giving out personal information in public areas of the Services such as reviews or comments and in other areas of the Services that Praesidium does not directly control, such as in messages with other users of the Services. The information you share in public areas may be viewed by any user of the Services, and the information you share in messages may be viewed by anyone with access to the user profile you message.

 

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 the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

 

​

10. Children's Privacy

​

The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (as used in this Section 10 (Children’s Privacy), “parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13. It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.

​

This Section 10 (Children’s Privacy) notifies parents of:

​

• The types of personal information we may collect from children.

• How we use the personal information we collect.

• Our practices for disclosing that personal information.

• Our practices for notifying and obtaining parents’ consent when we collect personal information from children, including how a parent may revoke consent.

• All operators that collect or maintain personal information from children through the Services.

 

This section only applies to children under the age of 13 and supplements the other provisions of this Policy. The other provisions of this Policy apply to teens and adults.

If we learn we have collected or received personal information directly from a child without parental consent or otherwise in violation of applicable law, we will delete that information, unless we have a legal obligation to keep it, and we will terminate the child’s account.

Terms that are defined in the Policy have the same meanings as used in this Section 10 (Children’s Privacy).

​

A. Personal Information We Collect from Children, How We Use the Information, and Our Practices for Disclosing 

​

As a result of your child’s use of the Services, we may collect any category of personal information from your child as identified in Section 3 (Information We Collect). We may collect the personal information through any of the methods identified in Section 4 (How We Collect Personal Information). The personal information we collect from your child may be used for any of the purposes identified in Section 5 (How We Use Your Personal Information).

​

We do not sell any personal information, including any personal information collected from or about a child. We do not share or transfer children’s personal information other than as described in Section 6 (Disclosure of Your Personal Information). In addition, we may disclose aggregated or de-identified information about any of our users.

​

B. Accessing and Correcting Your Child’s Personal Information

​

At any time, you may review your child’s personal information maintained by us, require us to correct or delete your child’s personal information, or refuse to permit us from further collecting or using your child’s information. You can review, change, or delete your child’s personal information by logging into your account or your child’s account, or by contacting us by any of the methods listed in Section 12 (How to Contact Us).
 

C. Operators That Collect or Maintain Information from Children

​

No other third-party operators may collect or maintain personal information from children through the Site or Services.

​

​

11. Changes to this Policy

​

We reserve the right to review and revise this Policy from time to time, without prior notice, subject to applicable legal requirements to notify you or obtain your consent. The date this Policy was last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting the Site and this Policy to check for any changes. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

 

​

12. How to Contact Us

​

To ask questions or comment about this privacy policy and our privacy practices, contact us: