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Privacy Policy

Effective date: February 15, 2021

Kryo, Inc. and our subsidiaries and affiliates (“us,” “our,” or “we”) respect your privacy. This Privacy Policy (the “Policy”) explains how we collect, use, disclose, and protect personal information that we collect from you through the websites https://www.chilisleep.com, https://kryoinc.com, https://www.ebbsleep.com, the OOLER mobile application, and the OOLER device (collectively, the “Services”). This Policy does not apply to any third-party websites, services, or applications to which the Services link or are otherwise accessible through the Services.


Information We Collect From You

When you use or access the Services, we may collect personal information, such as the following:

• Contact information, such as your name, email address, country, street addresses, and phone numbers.

• Authentication information, such as usernames and passwords for access to the Services.

Wi-fi network information, including network names, usernames, and passwords.

Payment information, such as payment card numbers, expiration dates, and verification value numbers.

Sleep quality information, such as your date of birth, height, weight, gender, and any data you provide about your sleep.

Educational information or professional or employment-related information, such as your educational institution, job title, or information you submit in connection with an application for employment, such as your resume.

Information you submit when you contact us through the Services.

We also may collect certain other information automatically when you visit or use the Services, such as the following:

Browser and Device Information: Certain information is automatically collected by most browsers or through your device, such as information about your device (such as IP address and MAC address), operating system, and Internet browser. We use this information to ensure that the Services function properly.

OOLER Device(s): OOLER device(s) may automatically collect and transmit information about the device, such as the model, serial number, or software version, environmental information, such as the device temperature settings and when the temperature is adjusted, and other information about the OOLER device’s operations, such as power consumption, runtime, and when the device is activated or deactivated.

Cookies: Cookies are pieces of information stored directly on the computer or mobile device that you are using. Cookies allow us to collect information such as browser type, time spent on the online services, pages visited, referring URL, and other aggregated website traffic data. We may use cookies for purposes such as determining what features interest our visitors, revising our site features or operations, and as further described below. For more information, see the Your Choices section of this Policy.

Google Analytics: Google Analytics uses cookies to help us analyze how visitors use the Services. The information generated by the cookies about your use of the Services includes your IP address. If you so choose, you may be able to opt out by turning off cookies in the preferences settings in your browser. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: https://policies.google.com/technologies/partner-sites.

IP Address: Your IP address is a number that is automatically assigned to the device that you are using by your internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering our Services. We may also derive and collect your approximate location from your IP address to understand from what regions of the world our website visitors come.

Location Information: We will receive your location and other data that indicates your location, such as your IP address.


If you choose to link or connect the Services with a third-party service, the third-party service may provide us information about you, including sleep quality information, such as your sleep time, heartrate and heartrate variability, respiratory rate, body temperature, and activity information. Your use of those third-party services, including those third-party services’ information practices and provision of your personal information to us, is governed by those third-party services’ privacy policies and any relevant terms, conditions, or authorizations to which you have agreed.

 

How We Use and Disclose Information We Collect From You

As a general matter, we use, disclose, transmit, transfer, store, and otherwise process your information to provide the Services when we have an appropriate legal basis. We may process the information we collect from you for the following purposes.

1. For our customers’ and our legitimate interests, consistent with your rights and appropriate to the context, in order to:

Provide the Services to you, our customers, and users, including customizing your experiences.

For our internal business operations, such as operating, evaluating, supporting, and improving our organization, products, and services, including developing new products and services, performing market research and data analytics, managing advertising and marketing activities, including surveys and sweepstakes, providing websites and applications, performing accounting, auditing, billing, reconciliation, and collection activities, and performing other internal business operations, including as described elsewhere in this Policy.

Understand how our users, and our customers use our Services and to determine what features and services may interest our users, and our customers.

Modify our site features or operation.

Communicate with you, including for marketing purposes, and respond to your requests.

To create aggregate or deidentified data.

Completing transactions and performing our contractual obligations.

To debug, identify, or repair errors or effectuate similar functional enhancements in connection with our Services.

For our recruitment and hiring purposes, including evaluating and processing your employment application.

Calculate user levels and diagnose server problems.

Store information about your preferences and recognize you when you use the Services.

Determine your location.

Protect the legal rights, property, safety, and security of us, our users, our employees, and others.

Comply with applicable law, court orders, legal process, governmental or regulatory requests, and industry standards.

Enforce our policies, terms of use, or rights arising from contracts.

Investigate or prevent unlawful activities or misuse of the Services.

Sell or transfer some or all of our assets, evaluate potential mergers, merge with another organization, or otherwise divest, restructure, reorganize, or dissolve our organization.

For such purposes as you may authorize or direct.

2. To provide services that are subject to contractual terms you have accepted, such as our licenses, service agreements, and terms of use.

3. To the extent you provide your consent, such as to permit us to use, disclose, transmit, transfer, store, and otherwise process your sleep quality information to allow you to evaluate the quality of your sleep or to allow us to analyze the effectiveness of and improve our products and services, or if we request to process your personal information for a purpose that is not already identified by this Policy.

4. To comply with legal obligations.

We store personal information for as long as we reasonably need it to fulfill the purposes for which it was collected, including provision of services to our customers and to comply with law, as applicable. For example, if you register for our services and create an account, we will store your information for as long as needed to maintain your account, provide the services you requested, enforce any applicable terms that govern your use of the services, and maintain appropriate records to reflect our delivery of services to you. We periodically review the personal information we retain to determine whether continued storage is proper.

We may disclose personal information we collect from you to third parties, including:

To our customers.

To our affiliates.

To our business partners.

To our contractors, service providers, and other third parties we use to support our organization.

To communicate with you and others, including to market our services.

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

To enforce our policies, terms of use, or rights.

To investigate or prevent unlawful activities or misuse of the Services.

To protect the rights, property, or safety of us, our users, or others.

To a buyer or other successor or organization in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceeding.

For such purposes as you may authorize at the time you submit the information.


Your Choices

You may choose not to provide the personal information we request. However, not providing information we request may restrict your ability to use certain features of the Services. For example, you may be able to restrict the collection of personal information or functionality through your device's operating system or by disabling cookies, but doing so may prevent you from using the functionality of the Services. You may also choose to delete your account and/or unsubscribe from email communications. Some internet browsers have a “do-not-track” feature that let you tell websites that you do not want to have your online activities tracked. At this time the Services do not respond to browser “do not track” signals. We may allow third parties to use the Services to collect personal information about your online activities over time and across different websites, applications, and other online products or services. For information about interest-based advertising, opt out of this type of advertising by third parties that participate in self-regulatory programs, please visit the Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) Self-Regulatory Program for Online Behavioral Advertising. Please note that any opt-out choice you exercise through these programs will still allow the collection of data for other purposes, including research, analytics, and internal operations. You may continue to receive advertising, but that advertising may be less relevant to your interests.


International Transfers of Information

We operate internationally and may transfer information about you to any jurisdiction where we do business. When you use our websites or applications, you acknowledge that we may transfer information about you as described in this policy.

We will transfer your personal information for any of the purposes identified in this policy to any of our subsidiaries, affiliates, service providers, and business partners that may be located outside of the jurisdiction where you are located. The laws in those jurisdictions may not provide the same level of data protection compared to the laws in your country. However, we will treat your personal information as subject to the protections described in this policy.

When we transfer personal information subject to the General Data Protection Regulation to entities located outside of the European Economic Area (“EEA”), we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses, binding corporate rules, or another framework deemed adequate by the European Commission.


Security

We maintain safeguards intended to protect the personal information collected through the Services.


Changes to this Policy

We may update this Policy to reflect changes in our privacy practices at any time and without prior notice to you. When we do so, we will update the Effective Date of the Policy, above. We encourage you to periodically review this Policy for the latest information on our privacy practices.


Additional Information for California Residents and Your California Privacy Rights

This section of the Policy applies only to residents of the State of California (for the purposes of this Additional Information for California Residents and Your California Privacy Rights section of the Policy, “consumers” or “you”), and generally describes how we collect, use, and disclose the personal information of consumers or consumer households (“California Personal Information”). However, California Personal Information does not include, and this section of the Policy does not apply to:

Personal information excluded from the California Consumer Privacy Act (“CCPA”).

Personal information, emergency contact information, and benefits administration information we collect about a consumer in the course of that consumer acting as our job applicant, our employee, our owner, our director, our officer, our medical staff member, or our contractor to the extent we use that information within the context of that consumer’s role as our job applicant, employee, owner, director, officer, medical staff member, or contractor.

    This section of the Policy applies only to the extent we direct the purposes and means of processing California Personal Information and otherwise qualify as a “business” under the CCPA. It does not apply to information we collect, disclose, or otherwise process as a “service provider” under the CCPA on behalf of our customers and business partners.

    A. California Personal Information We Collect

    We may have collected the following categories of California Personal Information in the preceding 12 months:

    Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, physical characteristics or description, address, telephone number, education, employment, credit card number, debit card number, or any other financial information, sleep information, or lifestyle information.

    Identifiers, including unique and online identifiers.

    Internet and electronic activity information.

    Professional or employment-related information.

    Biometric information.

    Geolocation data.

    Sensory information, including visual and audio information.

    Information that may indicate protected classification characteristics under applicable law

    Inferences drawn from your personal information.

      B. Sources of California Personal Information We Collect

      We collect California Personal Information from the sources described in the Information We Collect From You section of this Policy.

      C. Purposes for Which We Use and Disclose California Personal Information

      We may use and disclose the categories of California Personal Information described in the California Personal Information We Collect section above for one or more of the business and commercial purposes described in the How We Use and Disclose Information We Collect From You section above. We may disclose this information to the categories of third parties identified in the How We Use and Disclose Information We Collect From You section above for the business and commercial purposes described in that same section.

      D. Disclosures of California Personal Information for a Business Purpose in the Preceding 12 Months

      In the preceding 12 months, we may have disclosed the categories of California Personal Information described in the California Personal Information We Collect section above to the categories of third parties identified in the How We Use and Disclose Information We Collect From You section above for a business purpose.

      E. Sales of California Personal Information
      In the preceding 12 months, we have not sold California Personal Information. We do not sell California Personal Information, and we do not have actual knowledge that we sell California Personal Information of consumers under 16 years of age.

      F. California Personal Information Rights and Choices
      The CCPA and other California laws provide consumers with specific rights regarding their California Personal Information. This section describes those rights and explains how to exercise those rights.

      Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your California Personal Information over the past 12 months. If we receive and confirm a verifiable consumer request from you pursuant to the Exercising Access, Data Portability, and Deletion Rights section below, we will disclose to you, depending on the scope of the request:

      The categories of California Personal Information we collected about you.

      The categories of sources for the California Personal Information we collected about you.

      Our business or commercial purpose for collecting California Personal Information about you.

      The categories of third parties with which we share your California Personal Information.

      The specific pieces of California Personal Information we collected about you.

      The categories of California Personal Information about you that we disclosed for a business purpose, to the extent we have made such disclosures over the past 12 months.

        Deletion Request Rights. You have the right to request that we delete your California Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request pursuant to the Exercising Access, Data Portability, and Deletion Rights section below, we will delete your California Personal Information from our records, unless an exception applies.

        Calling us toll free at 1-877-235-6271

        Emailing us at help@chilisleep.com

          You may designate an authorized agent to submit requests on your behalf through a valid power of attorney in certain circumstances or through signed written permission that authorizes the agent to act on your behalf. We may mandate additional requirements when requests are submitted through an authorized agent, such as requiring the submission of signed written permission for the agent to act on your behalf, requiring you to verify your identity directly with us, and requiring you to confirm the authorized agent’s permission to act on your behalf directly. You may also make a verifiable consumer request on behalf of your minor child.

          You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your request must provide information sufficient to permit us to reasonably verify you are the person about whom we collected California Personal Information, or an authorized agent of that person. In order to verify your request, we may require you to provide information such as your name, email address, phone number, order number, or other information we require to verify your identity. Your request also must include sufficient detail for us to properly understand, evaluate, and respond to it.

          We cannot respond to your request or provide you with California Personal Information if we cannot verify your identity or authority to make the request and confirm the California Personal Information relates to you.

          Making a verifiable consumer request does not require you to create an account with us. However, if you have a password-protected account with us we consider requests made through that account sufficiently verified when the request relates to California Personal Information associated with that specific account.

          Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable request. If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized agent. For data portability requests, we will select a format to provide your California Personal Information that is readily usable.

          We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision, and we reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.

          Non-Discrimination. Subject to certain exceptions, you have the rights to not receive discriminatory treatment for exercising your access, data portability, and deletion rights described above.

          Direct Marketing Disclosures. If you are a consumer who has an established business relationship with us for personal, family, or household purposes and would like to request certain information regarding third parties to whom we may share certain personal information for those third parties’ own direct marketing purposes, you may mail your request to us at 144 Talbert Pointe Drive Suite 103 Mooresville, NC 28117 USA or email your request to us at help@chilisleep.com.


          Additional Information for Residents of the European Economic Area and Switzerland

          If you are located in the EEA or Switzerland, and we process your information in an EEA member state or Switzerland, you may have additional rights to request access to, correction of, erasure of, or the transfer of your personal information, as well as the right to object to or restrict the processing of your personal information. You may exercise these rights, if applicable, by contacting us as described in the Contacting Us section of this Policy. Individuals located in the EEA or Switzerland may also have the right to lodge a complaint with an EEA or Swiss supervisory authority, as applicable.


          Contacting Us

          If you have any questions or comments about this Policy or our privacy practices, or if you would like to exercise one of your rights under this Policy, please contact us by mail at 144 Talbert Pointe Drive Suite 103 Mooresville, NC 28117 USA or help@chilisleep.com.

          Please include your name, contact information, and the nature of your request so that we can respond appropriately and promptly to your communication.

          © 2021 Kryo Inc.

           

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