Privacy Policy

DeepSleep App Privacy Policy Effective Date: Aug 1, 2025 Introduction DeepSleep App’s privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls, and your rights in connection with our websites and the related mobile applications and services (collectively, the “Services”). Please also read our Terms of Service, which set out the terms governing the Services. DeepSleep App is a product of DeepSpan Health Inc. headquartered in Seattle, WA, USA. Throughout these Terms “DeepSleep App” refers to the relevant services being provided to you by DeepSpan Health Inc.. If you have any questions about our privacy practices, this Privacy Policy, or would like to contact us about our Privacy Policy, you can do so by the emailing legal@deepspan.com. Information DeepSleep App Collects DeepSleep App collects information about you, including information that directly or indirectly identifies you, if you or other DeepSleep App users choose to share it with DeepSleep App. The sources from which we collect this personal information fall into three categories: information you provide, information we collect automatically, and information we collect from other sources. For example, based on how you interact with DeepSleep App and the Services, we may collect information when you track, complete, or upload activities using the Services. DeepSleep App also collects information about how you use the Services. In addition, you may choose to share information about yourself, your friends, and your activities with DeepSleep App. Account, Profile, and User Activity We collect account information such as your name, email address, date of birth, gender, username and password that helps secure and provide you with access to our Services. Profile, activity and use information is collected about you when you engage in activities such as syncing your sleep or choosing to upload a solution, or otherwise use the Services. Content You Share We gather information from biometric data, solutions, comments, messages, kudos, ratings, reviews, and other content you share on the Services, including when you create trial data. Contacts’ Information You can choose to add your contacts’ information by connecting your contacts from your mobile device or social networking accounts to DeepSleep App. If you choose to share your contacts with DeepSleep App, we will access and store your contacts’ information to identify potential connections and help you connect with each other. Connected Devices and Apps We collect information from the devices you connect to DeepSleep App in accordance with the consent you give when you authorize the connection to DeepSleep App. For example, you may connect to your iPhone and Apple watch or your Garmin watch to interact with the Services. The information generated from your connections with these third-party devices and apps, for example, sleep and heartrate data (if you have consented to processing of health information), will be passed along to DeepSleep App. You may update your connected devices and apps preferences at any time in DeepSleep App Settings Health Information DeepSleep App may collect or infer health information, such as sleep data and heart rate. Certain health information may be inferred from sources such as heart rate or other measurements. Where health information can be used to uniquely identify you, it is considered personal information, and sensitive personal information under certain laws. Before you can upload health information to DeepSleep App, you must give your consent to the processing of that health information by DeepSleep App. You can withdraw your consent to DeepSleep App processing your health information at any time. Payment Information When you make a payment on DeepSleep App, you will be asked to provide payment information such as your payment card or other payment details. We use Payment Card Industry (PCI) compliant third-party payment services who may store your credit card information in accordance with applicable standards. Third-Party Accounts DeepSleep App allows you to sign up and log in to the Services using accounts you create with third-party products and services, such as Apple, FitBit, Oura or Garmin (collectively, “Third-Party Accounts”). If you access the Services through Third-Party Accounts, we will collect information you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account providers and is provided to DeepSleep App under their privacy policies. You can generally control the information we receive from these Third-Party Accounts using the privacy controls in your account with them. Technical Information, Cookies, and Log Files We collect information from your browser, computer, or mobile device, which provides us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information. The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. IP addresses may be linked to session IDs, user IDs and device identifiers. Other Information We may collect information directly from you or through our service providers, such as when we collect your feedback through surveys. We may also collect information about you from other DeepSleep App users such as when they give you kudos or comment on your activities. How DeepSleep App Uses Information DeepSleep App uses the information we collect and receive as described below. To provide the Services We use the information we collect and receive to provide the Services, including providing you with the ability to: • Record your activities and analyze your sleep. For example, to compare your sleep efforts, analyze efficacy of sleep solution trials. We may also compare your sleep performance metrics to those of others in the community to help you analyze and report on your sleep performance and to establish leaderboards. • Interact with other users. We may use personal information, including your name, alias, user ID, and content you generate to share to help other users interact with one another, and discover sleep improvements. • Provide AI Features. For example, we use machine learning or artificial intelligence, including large language models, to generate sleep recommendations, or provide personalized training guidance. • Visualize your activities in new ways. For example, by creating personalized sleep reports. • Share insights with the DeepSleep App community. For example, by sharing your public sleep solutions and trials of sleep solutions. • To contact you regarding the Services. We use your contact information, which includes name and email address, so we can contact you when needed regarding the Services, for example, to notify you about material changes to our terms. Subject to your privacy controls in Settings, your information, including parts of your profile, alias, users you follow and who follow you , the devices you use, your online status, and kudos and comments you give and receive will be shared on DeepSleep App so that you may be able to participate in the Services, for example to show your place on a leaderboard. Regarding our products or features using machine learning or artificial intelligence, including large language models, ("AI Features"), we use the information we collect to enhance the quality, reliability, and/or accuracy of our AI Features by creating, developing, training, testing, improving, and maintaining AI and ML models run by DeepSleep App or our service providers. We use aggregated, de-identified information for AI Features where possible for their purpose. Depending on your privacy controls and sharing permissions, we also may use personal information such as health information for AI Features, for example, to provide you with training analysis and recommendations. To customize your experience We use the information we collect and receive to customize your experience. For example, we may suggest sleep solutions or trials within the DeepSleep App that may interest you, users that you may want to follow, or new features that you may want to try. Learn more about how we use information to make recommendations here. To protect you and the Services, as well as minors We use the information we collect and receive to protect users, enforce our Terms of Service and promote safety. For example, to help us find and remove content that violates our terms, such as hate speech or spam, as well as suspend or terminate accounts that share such content. We use automated tools to assist us in protecting and safeguarding you and other users and to keep the Service secure, for example to detect misuse and bad actors. DeepSleep App reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. We also use device information and information contained in log files, including IP address, to maintain the security and integrity of our Services. To enhance safety and privacy for our younger users, we use dates of birth to help confirm that a user is old enough to use DeepSleep App, and to help provide an age-appropriate experience on DeepSleep App and the Services, including Messaging. To assist you with a support request We use the information we collect and receive to provide support in response to your requests and comments. Depending on your request, this may require us to access your account, for example, to troubleshoot or replicate a reported issue. To improve our Services We use the information we collect and receive, including feedback you provide, to conduct research, and to analyze, develop, troubleshoot, increase functionality, and otherwise improve the Services. To do this, DeepSleep App may use third-party analytics providers to gain insights into how our Services are used, using aggregated data, and to help us improve the Services. To communicate with you We may also use the information we collect and receive to market and promote the Services, activities and events on DeepSleep App, including using email and push notifications, in accordance with your preferences. We may also contact youwhen investigating alleged violations of our terms, or to send proactive customer support messages. To process your subscription We use the information we collect to process your subscription, including using your location data to determine your country-specific pricing. How Information is Shared We do not sell personal information or aggregated data for monetary value. We may share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below. Publicly Available Information When you join the DeepSleep App community as an individual of 18 years of age or older, your profile and your activities are set to be viewable by everyone by default. Your alias name and other profile information is viewable by other DeepSleep App users, and if your profile visibility is set to “Public” this information is also viewable by the public. Additional information and content you share may also be viewable, subject to your privacy controls. Aggregated Information DeepSleep App may deidentify and aggregate the personal information you and others make available in connection with the Services (“Aggregated Information”) and post it publicly or share it with third parties. Examples include information about sleep solutions, trial data and sleep performance. DeepSleep App may use, license, or share this Aggregated Information with third parties for research, business or other purposes such as to improve sleep overall or to help our partners understand more about sleep and sleep patterns, including the people who use their products and services. Subsidiaries and Acquirers of our Business or Assets We may share your information with our subsidiaries, who are required to handle your personal information in accordance with their own Privacy Policies. If DeepSleep App becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction. Legal Requirements We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is compelled by or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process, or otherwise permitted by law. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to: (1) prevent any person from death or serious bodily injury; (2) to address issues of national security or other issues of public importance; (3) to prevent or detect violations of our Terms of Service or fraud or abuse of DeepSleep App or its users; (4) or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation. Managing Your Privacy Settings Privacy Controls DeepSleep App offers several features and settings to help you manage your privacy and share your activities. We provide the same suite of privacy controls to all of our users worldwide. Most privacy controls are located within your DeepSleep App Settings page. Adjust Notification and Email Preferences DeepSleep App offers various ways to manage the notifications you receive. You can choose not to receive certain email notifications by indicating your preferences in the Settings page. You may also unsubscribe from these emails by following the instructions contained at the bottom of these messages. In our app, you can access your “Push Notifications” in the settings menu. Where permitted by local regulations, we may opt you into marketing-related communications if you substantially interact with the Services or purchase a subscription. We may also send you periodic communications asking if you would like to opt into receiving marketing-related communications. If you receive marketing communications from one or more of our subsidiaries, you must opt-out individually from each subsidiary you are receiving brand-specific marketing from. Any administrative or service-related emails (for example, to confirm a purchase, to notify you of pricing changes, to deliver a training plan you requested, or provide an significant update to our policies, etc.) may not offer an option to unsubscribe as they are necessary to provide the Services you requested. You are responsible for providing us with a valid email address and keeping it updated to ensure you get these email notifications. Updating Account Information You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. You can use this to correct any inaccurate personal information in your account.. Deleting Information and Accounts and Downloading Your Data You can download your account or delete your data by contact DeepSpan Inc directly at support@deepsleepapp.com. Following your deletion of your account, it may take up to 45 days to delete your personal information and system logs from our systems. Additionally, we may retain information where deletion requests are made to comply with the law and take other actions permitted by law. Note that we do not have control over content you have shared directly or publicly with others, such as segments you created on DeepSleep App, photos or videos on other social media platforms, or that others may have copied. In other words, content or information may remain available after you have deleted your account or deleted specific information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache. DeepSleep App also provides you the option to remove individual activities you have posted without deleting your account. Once removed, the activities may remain on DeepSleep App's systems until you delete your account. Children's Privacy Our services are not intended for, nor directed to, children under 13 years of age. We use technical measures to help prevent children under 13 years of age from creating an account and therefore do not knowingly collect personal information from anybody under 13 years of age. If you are under 13 years of age, do not use the Services. Moreover, we provide additional privacy and safety protections for users under 18 years of age. For example, when users under 18 years of age create an account, their profile and activities are set by default to be viewable by followers only, and they are unable to access Messaging. We also may limit how we collect or process the personal information of individuals under 18 years of age. For example, you must be at least 16 years of age to upload heart rate data or receive heart rate analysis. How We Protect Information DeepSleep App implements measures to ensure that your information is treated securely and consistently with the terms in this Privacy Policy. We maintain administrative, technical, and physical safeguards appropriate to the sensitivity of your information and designed to protect against unauthorized use, disclosure, or access to personal information. In addition, you can take steps to protect your account and information such as creating a unique password for DeepSleep App that is not easily guessed and that you don't use anywhere else, not sharing your password with others, and promptly reporting suspicious activity or unauthorized account access. Your Legal Rights & How to Exercise your Legal Rights Privacy laws provide certain rights to users in certain jurisdictions. Below are rights that may be available to you under applicable laws. Access and Portability You have the right to know, and request access to, the personal information we collect, use, share, or otherwise process about you. You can access much of your information by logging into your account. If you require additional access, please contact us at support@deepsleepapp.com. Rights to Rectify, Restrict, and Delete You have the right to rectify, restrict, or delete personal information, including by requesting that we correct (rectify) where inaccurate, restrict, or delete your personal information on your behalf. Note that these requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to process transactions and facilitate customer requests, and for certain other business purposes described in this Privacy Policy. Right to Object Where we process your information based on our legitimate interests, you can object to this processing under certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Right to Revoke Consent To the extent we rely on your consent to engage in certain processing (such as to process health-related data), you have the right to withdraw that consent at any time by updating your Settings. Please note, past activities will still display health-related data such as heart rate in accordance with the consent provided at that time. We may continue to process your information if we have a separate legal basis to do so (for instance, to comply with a court order) or if your withdrawal of consent was limited to certain processing activities. Right to Complain You may raise a concern about our use of your information (and without prejudice to any other rights you may have) by contacting us at support@deepsleepapp.com. Regarding the right to complain, you may also report concerns to your local data protection supervisory authority. Access and Portability Under U.S. State Privacy Laws, you have the right to make a free request regarding your right to know about the personal information we collect, use, and share two times in any 12-month period. Provided we can validate your request, we will make the disclosure no later than 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period. Right to non-discrimination You have the right not to receive discriminatory treatment for the exercise of your privacy rights under State Privacy Laws. We will not discriminate against you for exercising any of your U.S. State Privacy Law rights. Right to opt out of personal information sales or shares We do not sell your personal information for monetary value. However, under certain privacy laws, some non-monetary sharing of personal information with third parties – for example to provide you with targeted advertising for DeepSleep App on other platforms – may be considered a “sale” or “share” of personal information. To the extent such laws may consider this a sale or share of personal information, DeepSleep App does not “sell” or “share” your personal information for analytics or to serve you with targeted advertising on other platforms unless you accept non-essential cookies using our cookie banner. We do not “sell” or “share” the personal information of users we know are under 16 years old. You have the right to direct us to not “sell” or “share” your personal information. If you opted into receiving our targeted advertising using our cookie banner, you may opt out of targeted advertising by (1) clicking the “Do Not Share My Personal Information” link in the footer below and following the instructions; (2) clicking in our app on the “Personal Information Sharing” link in your Privacy Controls and following the instructions; or (3) setting your cookie preferences to deny non-essential cookies. More information on your opt out options is provided here. Once you make an opt-out request, we will wait at least 12 months before asking you if you want to re-opt into “sales” or “shares” of your personal information. Right to limit the use and disclosure of sensitive information You have the right to direct us to only use your sensitive information, such as precise geolocation data or health data, for limited purposes, such as providing you with the services you requested. We obtain your express consent before processing your sensitive information and only use it to provide the Services, in accordance with your privacy settings. Additional Disclosures for Nevada residents We do not “sell” personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). You can submit a request to us regarding the sale of such information by emailing us at legal@deepsleepapp.com. Cross Border Data Transfers If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, due to the provision of Services being provided from and data storage facilities being located in the United States. Whenever we transfer personal information internationally, we use legal mechanisms, such as Standard Contractual Clauses, to ensure data transfers comply with applicable law. Retention of Information We retain information as long as it is necessary to provide the Services subject to our legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted or becomes inactive. In making these determinations, we consider the amount, nature, and sensitivity of the personal information, the purposes for which the personal information is processed, whether we can achieve those purposes through other means, and applicable legal requirements. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. For example, if you withdraw your consent to DeepSleep App processing your health-related information, DeepSleep App will delete all health-related information from any future activities you upload. Following your deletion of your account, it may take up to 45 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy. Personal information that is no longer necessary and relevant to provide our Services to you may be de-identified and aggregated with other non-personal information to provide insights that are valuable to DeepSleep App, such as statistics of the use of the Services. For example, we may retain publicly available segments or routes and other depersonalized geolocation information to continue to improve the Services, and we use Aggregated Information in DeepSleep App Metro and our Global Heatmap. This information will be de-associated from your name and other identifiers. Privacy Policy Updates DeepSleep App reserves the right to modify this Privacy Policy at any time. If we make changes to this privacy statement we will post the revised privacy statement and its effective date on this website. If we make changes we deem to be material, we will provide prominent, advance notice. If you object to any changes to this Privacy Policy, you should stop using the Services and delete your account.