SleepScore Max Terms of Service
Effective Date: 28 August 2017
SleepScore Labs expressly excludes any representation or warranty, express or implied, with respect to the information available through the Service.
SleepScore Labs makes no representation about any third-party websites that may be accessed via links from the Service. Use of such third-party websites may be subject to a third party’s terms and conditions and is at your own risk. SleepScore Labs does not control these third-party websites and has no responsibility in connection with any access or use by you of these sites.
By using the Service, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and SleepScore Labs with respect to your use of the Service.
For the purpose of the Data Protection Acts 1988 and 2003 and other applicable data protection laws, the data controller is SleepScore Labs located at 2175 Salk Avenue, Suite 140, Carlsbad CA 92008, United States of America.
Information We Collect
In general, you can visit the Website without telling us who you are or revealing any personally identifiable information about yourself. However, you should be aware that sections of the Service (including restricted portions of the Website) that allow for the submission of personally identifiable information (referred to for convenience as “Registration Pages”) contain a function for collecting various pieces of your personally identifiable information or User Data, which may include your name, date of birth, address, email address, phone number(s), general health and wellness information, weight, height, gender, credit card or account information, company, industry, information about your interests in and use of various products, programs, and services, any other information that you decide to provide to us, and, as you register and participate in utilizing the Service (including related products and apps, a variety of sensitive personally identifiable information including information about your health, sleep and lifestyle, including sleep patterns, user location, light and temperature values during sleeping periods, and sound levels during sleeping periods. We collect your personally identifiable information only if you voluntarily submit the information to us for purposes such as (i) registering for the use of certain services or restricted portions of the Service or other subscription websites, services, or products operated by SleepScore Labs, (ii) completion of surveys, product or service purchases, or (iii) requests for information, products, or services. For your information, through certain technologies employed by the Website, we also collect other information about you. For more details about this type of data collection, please refer to the section below on cookies.
To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personally identifiable information that we collect and that the information be current. SleepScore Labs disclaims any legal duty to verify the accuracy of any personally identifiable information that you provide to SleepScore Labs beyond what may be required by law for the particular purpose for which the information is to be used. You are free to request a copy of your personally identifiable information that we have on file by contacting our customer service department by phone at 877-507-0060. In addition, you can request that we modify or delete your personally identifiable information at any time by sending an email to us at support@SleepScoreLabs.com with the words “UPDATE MY INFORMATION” in the subject line. Please be aware that, to protect your security and privacy, SleepScore Labs may take reasonable steps to verify your identity prior to making changes to your personally identifiable information. For your information, please note that it is our practice to monitor and in some cases record calls for staff training and quality assurance purposes.
How We Use the Information We Collect, Including Your Sleep Data
Unless otherwise specified herein, SleepScore Labs reserves the right to compile, save, use within the scope of our activities, and analyze any and all User Data about you (contact and personal data, sensitive personally identifiable information such as your sleep data, use history, outcomes data from the Service Products, etc.) that we collect from you through the Service. We use the personally identifiable information about you that you provide to us for purposes such as delivering the Service to you including providing sleep reports and analyses, responding to your requests for information or materials, contacting you, conducting analyses such as surveys and market research, processing and completing orders, processing your payment, administering your account, enhancing existing or developing new products and services, and administering and developing our business relationship with you or the company you represent. We also use your personally identifiable information to communicate with you, for example, to provide you with communications and content as part of the Service and for administrative communications regarding your account, newsletters, press releases, or information or advertisements relating to products, offers, or programs that may be of interest to you, including but not limited to communications, via email or text, regarding your use of the Service and related products. By submitting User Data, including personally identifiable information and information collected on an on-going basis about your sleep habits and environment, to us, you (or your legal representatives on your behalf) consent to these uses by SleepScore Labs. We will send email, text or electronic messages to you only if you have registered to request information from us or otherwise have agreed to receive such messages from us by providing your electronic contact information to us. While you can opt out of sharing information with us by emailing customer service at firstname.lastname@example.org. Sleep Guide recommendations and this feature cannot be terminated absent discontinued use of the product.
For users of iOS Health app, SleepScore Labs requests permission to read and write health data from the Health app. This allows the importing of SERVICE sleep parameters into the Heath app. SleepScore Labs does not use HealthKit data for advertising purposes and will not sell Healthkit data.
How You Can Control User Data Sharing
We believe that you should always have the means to protect your privacy when you use our products. We consider that we should support you and protect your privacy as fully as possible by guaranteeing you the following rights:
Right to object to your User Data being processed
You may for legitimate reasons object to your personal User Data being processed by contacting our customer service department. However, be aware that this action might limit the scope of products and services, and it is not possible to fully discontinue our access to and use of User Data absent your discontinuation of utilizing Services.
Right to protect your User Data
SleepScore Labs uses various methods to safeguard your User Data. First, you need to have a password-protected account to access your User Data.
The settings app also shows what permissions you have authorized permitted access. You can restrict this at any time, but be aware that this action will frustrate access to Services and only by fully discontinuing Services can you discontinue our access to User Data.
Right to delete your account
SleepScore Labs will give you the right to remove your User Data that personally identifies you. You can delete your account and User Data by contacting customer service at email@example.com. Please note that once User Data is deleted that this cannot be undone. Some of your User Data may remain in our backup servers.
How to identify data collected?
We have created this list so that you can easily identify what is processed.
Which data is collected and when?
SleepScore Labs objects and services collect data when you use them. We have listed and explain you in details different scenarios in order for you to have a clear understanding of the means of data collections we use. You, therefore, transmit data to us:
When you visit and use our websites and services
When you create a SleepScore Labs account
When you use our applications
When you activate and use a SleepScore Labs product
When you contact our customer service department
When you visit and use our websites and services
We collect certain data when you use our website or when you take part in our events or reply to our questionnaires. Certain information is collected even if you do not have a SleepScore Labs account. This may happen when you view pages, take part in surveys, competitions or events, write a comment on our website, share a page on a social network, order a product, etc. When you order a product on our website, we have to retain certain data relating to your order, such as your delivery and billing address, even if you choose the option allowing you to order without creating an account.
Cookies – technical features
When you create a SleepScore Labs account
Creating a SleepScore Labs account allows you to use our services and applications. You will therefore need to provide us with certain data to identify yourself. Your SleepScore Labs account is the core component of our services. It allows you to access and control your personal data. Data are collected and used during account and/or user profile creation, when logging on to your account, ordering a product from your account, etc. Here is the data that you may communicate to us in creating a SleepScore Labs:
When you use our applications
Using our applications requires an account. Through applications, you can use SleepScore Labs products and services, interact with them and access all features offered by SleepScore Labs. To that end, certain data are communicated to us when you download, install and use features of the application. This is the case when you set an alarm, share information, measure steps, respond to questionnaires or fulfill a field in the application, etc. It is also through the application that your data is communicated to us when you install and synchronize your SleepScore Labs product. Through the application, you may activate certain optional features such as geolocation, Healthkit and S health data, and the microphone through your smartphone. Here is the data that you may communicate to us by using our applications:
When you use a SleepScore Labs product
SleepScore Labs products, services and applications collect data, enabling monitoring by their accumulation. When you activate a SleepScore Labs product, you will be asked to download the SleepScore Labs application and create an account. Certain features are only accessible by means of a connection between your product and the application. Your data are transmitted to our servers when you synchronize your product with our applications or when you connect your product to your Wi-Fi network. Here is the data that you may communicate to us by using our applications:
Cookies – technical features
When you contact our customer service department
When you contact our customer service department, you provide us with information that allows us to identify you. The information transmitted remains confidential when you contact us through our website. For the purposes of responding to your support request, some of your data may be temporarily communicated to our teams until the problem is solved. We ensure that our teams comply strictly with our confidentiality policy. Here is the data that you may communicate to us by contacting our customer service department:
Body metrics data
Cookies – technical features
In which cases do you authorize us to share your User Data?
SleepScore Labs collects User Data from the Service device. SleepScore Labs processes that Service User Data to customize and tailor feedback to individual users about their personal sleep patterns. SleepScore Labs does not and will not sell your personally identifiable information or any other personal User Data, including the sleep data from the Service devices. SleepScore Labs has a general policy of not disclosing or sharing your personally identifiable information to third parties unless you have consented to such sharing. However, we may share the User Data, your personally identifiable information about you that you provide to us, with trusted companies we work with (other than our data processors who we may share your personally identifiable information with for the purposes of supporting the operation of the Service) to provide services for us including the Service, such as sending out our newsletters, fulfilling orders you submit, or collecting and processing information on our behalf. These companies—our vendors—are contractually bound to your User Data that we share with them only to perform the services we have engaged them to provide. Other companies may collect and use User Data (excluding iOS Health app data) you provide to us to better understand the offers, promotions and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please email us at firstname.lastname@example.org and inform us of your preference.
We may also share your User Data if some or all of the business of SleepScore Labs is transferred to another entity by way of merger, sale of its assets or otherwise.
We may also collect and group demographic and preferences information, responses to surveys and other personally identifiable information that we collect from you into an aggregate, non-personal identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors, regulators as part of further product development, including as part of a pre-market submission with the FDA, or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other parties participating in the Service.
From time to time, we may collect general, non-personal statistical information about the use of the Service, such as how many visitors visit a specific page on the Website, how long they stay on that page and which hyperlinks, if any, they “click” on, and utilization of Service App features. When applicable, we will collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail below in the section on cookies. We may collect this information in order to determine which areas of the Service are most popular and to enhance the Service. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other users of the Service.
Please note that under the laws of jurisdictions in which your User Data may be held or processed, including the United States, that information may be accessed by law enforcement authorities or the courts. If you would like to obtain information about our policies and practices with respect to the processing of your User Data in the United States, please contact us at the address set forth below.
Personalized URL Links
On occasion, we may personalize and customize websites for certain users. Invitations to visit these customized websites will generally be sent to you via an email containing a personalized URL, a notice on a registration page, or in response to you logging on to a certain portion of the Service. If you are invited to visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you based on your previous interactions with SleepScore Labs and on information you have provided to us. While you are visiting these websites, we may collect tracking or other non-personal identifiable information about your visit to better tailor the site to your interests. If you do not want your information to be collected in this way, please do not accept the invitation to visit these sites.
We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our Service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.
Opting In and Out
When you submit personally identifiable information to us through the Registration Pages as part of the Service, you may be given an opportunity to opt-in to receiving additional information from or on behalf of SleepScore Labs entities as part of the Service and otherwise, including notifications and “advice nuggets” forwarded by parties providing the Service App, and/or selected third parties at the time of submitting your personally identifiable information to us. By using our product you have opted in to be added to our list of users who will receive promotional and marketing communications from us, our partners and/or other third parties. You can opt out of sharing information with us by contacting us at support@sleepscoreLabs.com. You can opt out of receiving products and services recommendations by discontinuing use of our product and/or Service. If you discontinue your use of our product and/or the Service for a period of ninety days or more, we may require you to re-register or otherwise stop communicating with you electronically.
Links to Other Sites
For your convenience, the Service may from time to time include links to third-party sites whose information practices may be different than ours. We urge visitors to review the other sites’ privacy policies because we have no control over information that is submitted to, or collected by, these third parties.
Security of Information and Disclosures to Protect Your User Data
SleepScore Labs uses industry standard security measures to safeguard information concerning and submitted by, users like you. Equipped with the latest security equipment and advanced security techniques and procedures. Access is strictly restricted and various security controls. Remote access to the servers is highly restricted and controlled.
Despite the security measures employed by SleepScore Labs, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet or as part of a mobile application.
What is the minimum age for using SleepScore Labs services?
We do not intend to market to or interact with or secure any User Data from, children thirteen (13) years old or younger. Our Service is not by design reasonably likely to attract children thirteen (13) years old or younger to purchase or otherwise use our Service.
You must be over the age of eighteen (18) to create an account and use our Service.
We must point out that, if you are a minor and wish to utilize our product or the Service, your parents or legal guardians (hereafter your “Parents”) must engage in purchasing the product or Service and additionally (if you are over thirteen (13) years old give us their written consent by contacting our customer service department. Our teams will answer any questions that you or your Parents may have concerning the use of our products and services and the rules relating to the collection of personal data.
If we accidentally or unintentionally collect data from people under thirteen (13) or a minor who has used our products and Service without the consent of their Parents we will delete those data permanently from our servers as soon as we receive written notification.
For how long do we retain your User Data?
Apart from where the law stipulates a specific period, we retain your User Data for a period not exceeding the period required for the purposes for which it was collected and processed. We, therefore, retain your User Data attached to your account until the account deletion.
Where is your User Data kept?
To guarantee the security of your User Data, that data is stored and processed on our servers. Our servers are located within the United States and are therefore subject to regulations that guarantee you a high level of protection for your User Data.
How do I delete my SleepScore Labs account?
We allow you to suppress your User Data (including your user profile information) directly from our applications as outlined above, but, as explained previously the use of the Service will necessarily entail your sharing User Data.
To delete your Service account, you just need to contact our customer service department. email@example.com
The User Data which identify you directly will then be deleted from our production servers. However, User Data may be retained within the security backups that we regularly make. This is why your User Data may remain on our servers after your request.
You agree to comply with all applicable laws in connection with your use of the Service.
Unsuitable Content and Conduct
You shall not engage in any illegal or improper conduct with our Service. You shall not submit to the Service any of your User Data in a manner that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You shall not cause damage, embarrassment or adverse publicity to SleepScore Labs.
Functional Compatibility and System Abuse
Your Cooperation and Notification
Limitations on Liability and Remedies
Limitations on Liability and Remedies for customers in the United States
Neither we nor providers of content to us (“Content Providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or derived through the Service.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE SLEEPSCORE LABS PRODUCT MATERIALS, SLEEPSCORE LABS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SLEEPSCORE LABS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. SLEEPSCORE LABS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INFORMATION ON THIS WEBSITE OR THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SLEEPSCORE LABS PRODUCTS OR REGISTRATION WITH SLEEPSCORE LABS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SLEEPSCORE LABS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SLEEPSCORE LABS AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SLEEPSCORE LABS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF SLEEPSCORE LABS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF SLEEPSCORE LABS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICE RECEIVED BY SLEEPSCORE LABS FROM YOU.
Limitations on Liability and Remedies for customers in Europe and Canada
Disclaimer on Emergency Medical Conditions
DO NOT USE THE SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES CALL 911, OR CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
THE CONTENT AVAILABLE THROUGH THE SERVICE, COMMUNICATED TO YOU DIRECTLY OR INDIRECTLY VIA TEXT, EMAIL, OR OTHER METHOD, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. SLEEPSCORE LABS DOES NOT, THROUGH THE SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THE SERVICE, AND INFORMATION PROVIDED BY SLEEPSCORE LABS IN CONNECTION WITH YOUR USE OF THE SERVICE OR SLEEPSCORE LABS PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU FROM SLEEPSCORE LABS AT OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING ANY SUCH CONTENT YOU SHARE WITH A THIRD-PARTY HEALTHCARE PROFESSIONAL.
WE DO NOT PROVIDE ADVICE TO YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS AND THE CONTENT AND SERVICE IS INTENDED SOLELY AS A RESOURCE AND INFORMATIONAL TOOL. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE SEEN OR READ ON THE SERVICE. WE ARE NOT MEDICAL PROFESSIONALS AND WILL NOT DISCUSS OR ADVISE YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.
SERVICE IS DESIGNED TO HELP IMPROVE SLEEP THROUGH COACHING AND BIOFEEDBACK. IT IS NOT A MEDICAL DEVICE AND IT IS NOT THE PRACTICE OF MEDICINE. IF YOU HAVE CONCERNS THAT SLEEP IS AFFECTING YOUR HEALTH, YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL.
Privacy Office SleepScore Labs
2175 Salk Avenue – Suite 140
Carlsbad CA 92008
Tel: (877) 507-0060
Note: The Service (including the App and related sleep guidance and product recommendations) is not a medical device. If you are seeking information on how to treat a sleep disorder, you should talk to your healthcare professional.