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Privacy Policy

Last updated: March 6, 2021


This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

Capitalized terms used in this Privacy Policy shall the meanings set forth below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

·        Account means a unique account created for You to access our Service or parts of our Service.

·        App means the software program, named SleepFlex, provided by Us and downloaded by You on any electronic device.

·        Device means any device that can access the Service such as a cell phone or a digital tablet.

·        Personal Data is any information that relates to an identified or identifiable individual.

·        Service means the services provided by Us related to Our patented program developed to reduce obstructive sleep apnea and snoring. Our patented program is designed to use the App to guide users through exercises using the SleepFlex devices and to provide progress tracking as users complete the exercises in the SleepFlex program.

·        Service Provider means any natural or legal person who processes the data on behalf of SleepFlex. It refers to third-party companies or individuals employed by SleepFlex to facilitate the Service, to provide the Service on behalf of SleepFlex, to perform services related to the Service or to assist SleepFlex in analyzing how the Service is used.

·        SleepFlex (and “We,” “Us” or “Our”) refers to Berendo Scientific, LLC and the SleepFlexTM patented program provided by Berendo Scientific, LLC.

·        Study means the research study evaluating whether the Service is safe and effective in the treatment of mild to moderate obstructive sleep apnea.

·        Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

·        You (and “Your”) means the individual accessing or using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

·        Email address

·        First name and last name

·        Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

When You access the Service by or through a mobile device, Usage Data we collect may include, but may not be limited to, the type of mobile device You use, Your mobile device unique ID, the Internet Protocol address (i.e., IP address) of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You access the Service by or through a mobile device.

Use of Your Personal Data

SleepFlex may use Personal Data for the following purposes:

·        To provide and maintain our Service, including to monitor the usage of our Service.

·        To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

·        For the performance of a contract: the development of and compliance with the contract for the products, items and services We are providing You, including in connection with the Study, or of any other contract You have entered into with Us.

·        To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.

·        To provide news and other information about Our Services, including the Study.

·        To manage Your requests: To attend to and manage Your requests, suggestions or messages to Us.

·        For business transfers: We may use Your information to evaluate or conduct 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 Data held by Us about our Service users is among the assets transferred.

·        For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve the Study, Your experience, and Our Service, products, marketing.

We may share Your personal information in the following situations:

·        With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of Our Service and/or to contact You.

·        For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of SleepFlex’s assets, financing, or acquisition of all or a portion of Our business to another company.

·        With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions, or to analyze Study and Our Service.

·        With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

SleepFlex will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if we are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

SleepFlex will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at SleepFlex’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to – and maintained on – computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to this transfer.

SleepFlex will take all reasonable steps necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If SleepFlex is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy in accordance with the procedures described in “Changes to this Privacy Policy” described below.

Law Enforcement

Under certain circumstances, SleepFlex may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other Legal Requirements

SleepFlex may disclose Your Personal Data in the good faith belief that such action is necessary to:

·        Comply with a legal obligation

·        Protect and defend the rights or property of SleepFlex

·        Prevent or investigate possible wrongdoing in connection with the Service

·        Protect the personal safety of users of the Service or the public

·        Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially reasonable means to protect Your Personal Data, We cannot guarantee its absolute security, and Your transmission of Your Personal Data is always at Your own risk.

Children’s Privacy

Our Service does not address anyone under eighteen (18) years of age. We do not knowingly collect personally identifiable information from anyone under eighteen (18) years of age. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of eighteen (18) without verification of parental consent, We will take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on the App, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email at contact@sleepflex.com.