In order to ensure transparency and give you more control over your Personal Information, this privacy policy (“Privacy Policy”) governs how we, Wesper, Inc. a Delaware Company (together, “Wesper” “we”, “our” or “us”) use, collect and store Personal Data we collect or receive from or about you (“you”) such as in the following use cases:

• When you browse or visit our websites, www.wesper.co, and/or www.shop.wesper.co (the “Website”)
• When you make us of, or interact with, our  Website or mobile application
• When you sign up for notifications and/or notifications
• When you purchase the product
• When you register an account or sign in
• When you submit a review
• When you apply to join us
• When you make use of any Wesper sleep kit (“Product”)
• When you complete our wellness survey or in-app questionnaire
• When you interact with us on our social media profiles (e.g., Facebook, Instagram, LinkedIn)

We greatly respect your privacy, which is why we make every effort to provide a platform that would live up to the highest of user privacy standards. Please read this Privacy Policy carefully, so you can fully understand our practices and your rights in relation to personal data. “Personal Data” or “Personal Information” means any information that can be used, alone or together with other data, to uniquely identify any living human being. Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement. This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy.  If we implement significant changes to the use of your Personal Data in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Website or by other means. This Privacy Policy forms part of our Wesper Terms of Use which is available at https://wesper.co/terms-and-conditions/ (the “Terms”). Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms.

WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Specific Personal Data we collect

Why is the Personal Data collected and for what purposes

Consequences of not providing the Personal Data

When you make use of, or interact with, our Website

When you sign up for notifications and/or our mailing list

• Name
• Email address

To identify you and allow you to sign up for notifications

Cannot allow you to sign up to notifications

When you request Telehealth Services

• Name
• Email address
• Shipping address
• Phone number
• Health insurance information

To assist in facilitating Telehealth Services provided by Medical Groups and/or Providers through the Platform

Cannot allow you to obtain Telehealth Services through the Platform

When you purchase the Product

• Credit card details
• Google pay account details
• Email address
• Shipping address
• Phone number
• Any other information you decide to provide us
• To process your payment details and allow you to purchase the Product

Cannot process your payment details or allow you to purchase the Product.

When you register an account or sign in

• Email
• Password
• To allow you to register and use your account

Cannot register or make use of your account

When you submit a review

• Name
• Email
• Your review
• Any pictures or videos which you upload
• Any other information you provide us with
• To allow you to submit reviews

Cannot submit reviews

When you apply to join us

• Email
• Full name
• Name of practice, clinic or company
• Office or practice address
• Phone number
• Your credentials (e.g. MD, PhD, CPSGT, etc.)
• Information about your organization memberships (e.g. AASM, AAP, etc.)
• Any other information you provide us with
• To process your application to join us

Cannot process your application to join us

When you submit a request or contact us

• Full name
• Email address
• Phone number
• Message
• Any Personal Data that you decide to supply/provide us with
• To process and answer questions

To provide support (e.g. to solve problems, bugs or other issues)

Cannot contact us and we cannot assist/help you

Cannot provide support

When you make use of, or interact with, our Product

• Physiological data (e.g. movement, breath, heartbeat, sound etc.)
• Self-reported sleep wellness (e.g. sleep history, sleep quality, symptoms, etc.)
• Lifestyle habits (e.g. alcohol consumption, exercises, etc.)
• To provide our services and analyze your sleep quality

Cannot provide our services or analyze your sleep quality

When you complete our wellness survey or in-app questionnaire

• Self-reported sleep wellness (e.g. sleep history, sleep quality, symptoms)
• Lifestyle habits (e.g. alcohol consumption, exercise, etc.)

To provide our services and develop your sleep improvement plan

Cannot provide our services or develop your sleep improvement plan

When you interact with us on our social media profiles (e.g., Facebook,  Instagram, LinkedIn)

• Full name
• Email address
• Phone number
• Any other Personal Data that you decide to supply us with
• To reply and/or respond to your request or question

Cannot reply or respond to your request

Finally, please note that some of the above mentioned Personal Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize or de-identify your Personal Data and further use it for internal and external purposes, including, without limitation, to improve the services and for research purposes. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

HOW WE PROTECT AND RETAIN YOUR INFORMATION

Security. We have implemented appropriate technical, organizational and security measures designed to protect your Personal Data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.

Retention of your Personal Data. Your Personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request, please note that in some circumstances we may store your Personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. We have an internal data retention policy to ensure that we do not retain your Personal Data perpetually.

HOW WE SHARE YOUR PERSONAL DATA

In addition to the recipients described above, we may share your Personal Data as follows:

With our third party service providers to process your Personal Data for the purposes outlined above, including, without limitation:

• With cloud providers for hosting purposes;
• With service providers in order to help us manage our website;
• With email providers, marketing, CRM and other similar tools;
• With analytic companies to help us understand and analyze data we collect (which may include Personal Data) in accordance with this policy;

With third party Medical Groups and Providers from whom you choose to obtain Telehealth Services through the Platform;

With our business partners with whom we jointly offer products or services. We may also share Personal Data with our affiliated companies ;

To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;

If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your Personal Data to such third party (whether actual or potential) in connection with the foregoing events;

In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your Personal Data in connection with the foregoing events, including, in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or to another company; and/or

Where you have provided your consent to us sharing or transferring your Personal Data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).

YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT

Rights: The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by certain privacy laws):

• You have a right to access Personal Data held about you; and
• You have a right to amend or delete Personal Data.

You can exercise your rights by contacting us at support@wesper.co. You may use an authorized agent to submit a request on your behalf if you provide the authorized agent written permission signed by you. To protect your privacy, we may take steps to verify your identity before fulfilling your request. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

Deleting your account: Should you ever decide to delete your account, you may do so by emailing support@wesper.co. However, given the nature of sharing on certain services, any public activity on your account prior to deletion will remain stored on our servers and will remain accessible to the public.

USE BY CHILDREN

We do not offer our products or services for use by children and, therefore, we do not knowingly collect Personal Data from, and/or about individuals under the age of twenty-one (21). If you are under the age of twenty-one (21), do not provide any Personal Data to us without involvement of a parent or a guardian. In the event that we become aware that you provide Personal Data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at support@wesper.co.

INTERACTION WITH THIRD PARTY PRODUCTS

We enable you to interact with third party websites, mobile software applications and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party Service.

LOG FILES

We use log files. We use such information to analyze trends, administer the Website, track users’ movement around the Website, and gather demographic information.

COOKIES AND ANALYTIC TOOLS

• Cookies. Our Website may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our services and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the services. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
• Google Analytics. The Website uses a tool called “Google Analytics” to collect information about use of the Website. Google Analytics collects information such as how often users visit this Website, what pages they visit when they do so, and what other websites they used prior to coming to this Website. We use the information we get from Google Analytics to maintain and improve the Website and our products. We do not combine the information collected through the use of Google Analytics with Personal Information we collect. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Service, available at https://marketingplatform.google.com/about/analytics/terms/us/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
• Facebook Pixels and SDKs. We use Facebook pixels or SDKs, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook, as such the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You can prevent your data from being used by Facebook Pixels and SDKs by exercising your choice through these mechanisms: http://www.aboutads.info/ choices or http://www.youronlinechoices.eu/.

We reserve the right to remove or add new analytic tools.

SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW

California Privacy Rights: California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to at support@wesper.co.  Please note that we are only required to respond to one request per customer each year.

Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers.  Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers, but we may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Services.

CONTACT US

• If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at support@wesper.co.