Last updated on February 22nd, 2022
This Privacy Notice (“Notice”) applies to the Sleeptracker®-AI App, Sleeptracker®-AI Cloud, Sleeptracker®-AI Premium Services, Sleeptracker®-AI Sleep Coach, the Sleeptracker Google Assistant Action, and the Sleeptracker Amazon Alexa Skill (collectively, “Sleeptracker-AI”. Fullpower Technologies, Inc. (“Fullpower,” “we,” or “us”) is the developer of Sleeptracker-AI and is responsible for this Notice and the collection of data from Sleeptracker-AI.
This Notice explains our practices for the collection and processing of user information collected from or about the users of Sleeptracker-AI (i.e., “you”). This Notice is unique to Sleeptracker-AI and differs from other privacy policies of Fullpower, affiliates of Fullpower, and data collected separately by business partners of Fullpower, including, but not limited to, Tempur World, LLC. Please carefully review this Notice.
We collect information that can be used to identify you or that we can link directly to you (“Personal Information”) in connection with your use of Sleeptracker-AI. Specifically, we collect the following Personal Information about you from these sources:
For clarity, Sleeptracker-AI does not collect or process cookies.
We collect information as follows.
Directly From You:
Automatically From Sleeptracker-AI Devices
With Separate Consent
We use Personal Information to provide Sleeptracker-AI services to you. We also use the Personal Information we collect to contact you, provide you with customer service, research and improve our products and services, and customize your experience with our products and services. We may aggregate, de-identify, and/or anonymize Personal Information (thereby making it not Personal Information) at our discretion. For the purposes of this Notice “Anonymized Information” means Personal Information that has been aggregated, de-identified, and/or anonymized.
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, where required by law, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We share Anonymized Information with Tempur World LLC, our bedding manufacturer partner, and its agents, contractors and affiliated entities, including Tempur Sealy International, Inc. ("Tempur"). Tempur and Fullpower may use such Anonymized Information to develop and improve new and current products and services, analyze trends, and to analyze and publish data related to use of the Sleeptracker-AI and Tempur products.
From time to time, we publish Anonymized Information, including facts and statistics derived from Personal Information, on our website and other social or traditional media outlets.
From time to time, we will share your Anonymized Information with our scientific research partners, and may publish from time to time results of the research in scientific journals.
We keep our privacy notice under regular review to make sure it is up to date and accurate. If we change this Notice, we will post the updated Notice and its last updated date on this page. If Fullpower makes material changes that reduce your privacy rights, Fullpower will notify you in advance by sending you an email and/or by posting a notice in the Sleeptracker-AI services.
Access, amendment and deletion
You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, over your Personal Information that we hold, subject to certain limitations under applicable law. You may submit a request to us related to your Personal Information by emailing us at email@example.com. Please note that we may maintain copies of Personal Information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. Your access to or correction of your Personal Information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality that we owe to others, if we are legally entitled to deal with the request in a different way, or if relevant exemptions apply to some or all of the Personal Information subject to the request.
Additional information for certain jurisdictions
Fullpower is committed to respecting the privacy rights of individuals under all privacy laws applicable to us. At the end of this Notice, we provide specific information for individuals in certain jurisdictions, as required under certain privacy laws:
General Data Protection Regulation (“GDPR”) – EEA/UK: Section 12 below provides information about data subject rights under the EU and UK GDPR and UK Data Protection Act.
California Consumer Privacy Act (“CCPA”) – California Residents: Section 13 below sets forth additional information for California residents, about their rights under the CCPA.
We retain Personal Information in identifiable form only for as long as necessary to fulfill the purposes for which the Personal Information was provided to Fullpower or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements, and similar essential purposes. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. We established internal policies and procedures regarding retention periods applicable to your Personal Information.
Fullpower and its servers are located in the United States. If you are located outside the United States—such as in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland—your Personal Information will be transferred to and stored in the United States and other jurisdictions in which we or our vendors operate. The data protection laws in these jurisdictions may not be equivalent to those in your jurisdiction of residence. We will take steps to ensure that your Personal Information is subject to appropriate safeguards, including, where required, by implementing appropriate adequacy measures, such as the EU standard contractual clauses (as approved by the European Commission) for the transfer of Personal Information to processors established in third countries. The current forms for the standard contractual clauses can be found at https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021D0914&from=EN and https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
Regardless of where your Personal Information is stored, it is subject to the retention periods (see Section 7) and security measures (see Section 10) explained in this Notice
For additional information regarding the mechanism under which your Personal Information is transferred outside of the EEA/UK, you may contact us as set forth below, in Section 11 Contact and Comments.
Sleeptracker-AI is not intended for and may not be used by children under the age of 16. We do not knowingly collect Personal Information from children under the age of 16. If we learn that we have collected Personal Information from or about a child under the age of 16, we will delete that Personal Information from our systems.
Fullpower takes precautions intended to help protect information that we process but no system or electronic data transmission is completely secure. Any transmission of your Personal Information is at your own risk and we expect that you will use appropriate security measures to protect your Personal Information.
You are responsible for maintaining the security of your account credentials for the Sleeptracker-AI services. Fullpower will treat access to the Sleeptracker-AI services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. As set forth in the End User License Agreement, we may suspend your use of all or part of the Sleeptracker-AI services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
If we become aware of a breach that affects the security of your Personal Information, we will provide you with notice where required by applicable law. To the extent permitted by applicable law, Fullpower will provide any such notice that Fullpower must provide to you under applicable law at your account’s email address. By using the Sleeptracker-AI services, you agree to accept notice electronically.
If you have any questions or concerns related to this Notice or our Personal Information practices, please email us at firstname.lastname@example.org or by phone at +1.831.460.7070. You may also contact us via postal mail at:
Data Protection Officer
Fullpower Technologies, Inc.
1200 Pacific Avenue, Suite 300
Santa Cruz, California 95060
United States of America
To the extent that the EU and UK GDPR or the UK Data Protection Act applies to our processing of your Personal Information, we are the data controller in respect of the Personal Information that we collect and use for the purposes indicated in the Sections 1, 2, and 3 of this Notice.
Under EU and UK GDPR, as a data controller, we are obligated to implement appropriate technical and organisational measures:
We are also obligated to:
Legal bases of processing
Certain laws, including the GDPR and the UK Data Protection Act, require that we inform you of the legal bases for our processing of your Personal Information. Pursuant to the GDPR (and other similar relevant laws, such as the UK Data Protection Act), we may process Personal Information for the following legal bases:
You may have the following rights in relation to that Personal Information under the EU and UK GDPR and UK Data Protection Act:
You may submit a request to us regarding your Personal Information held by Fullpower by email at email@example.com. You may also submit a request to us by phone at +1.831.460.7070. Please note that we may rely on applicable exemptions under EU, Member State, or UK law in order to deny part or all of your request. If we do so, we will inform you when responding to your request. If you are not satisfied with our response, you may lodge a complaint with your supervisory authority.
Data Protection Officer (“DPO”)
You may contact our DPO at:
Our EU Representative:
Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent. Our nominated EU Representative is:
Company: Instant EU GDPR Representative Ltd
Name: Adam Brogden
Tel: +353 15 549 700
Reporting link: https://fullpowertechnologiesinc.gdprlocal.com/eu
Address: Instant EU GDPR Representative Ltd, Office 2 12A Lower Main Street, Lucan Co Dublin K78 X5P8 Ireland
Our UK Representative:
Under Article 27 of the UK Data Privacy Act, we have appointed a UK Representative to act as our data protection agent. Our nominated UK Representative is:
Company: GDPR Local Ltd
Name: Adam Brogden
Tel: +441 772 217 800
Reporting link: https://fullpowertechnologiesinc.gdprlocal.com/uk
Address: GDPR Local, Ltd,1st Floor Front Suite 27-29 North Street, Brighton, England BN1 1EB
In this section, we provide information for California residents in connection with the CCPA. Fullpower does not currently qualify as a “business” as defined under the CCPA and is not subject to the CCPA’s requirements, enforcement mechanisms, or any private right of action arising under the CCPA. Fullpower has, however, voluntarily provided the following disclosures in line with the CCPA’s relevant provisions.
Categories of Personal Information We May Collect and Disclose.
Our collection, use, and disclosure of Personal Information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. In particular, the Sleeptracker-AI services collect or may have collected in the last twelve (12) months the categories of personal information as described in Section 1 above.
Use of Personal Information. We may use or disclose the personal information we collect for one or more of the business purposes indicated in Section 3 above.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Categories of Personal Information Sold. The CCPA defines a “sale” as disclosing or making available Personal Information to a third party in exchange for monetary or other valuable consideration. We do not sell Personal Information.
Sources of Personal Information. We have collected the above categories of Personal Information from the following sources:
Sharing Personal Information. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the categories of third parties listed in Sections 3 and 4 above.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
We do not sell personal information. In the event that we do sell any personal information, we will update this Notice to list the categories of consumers’ personal information sold.
CCPA Rights. California law grants California residents certain rights as set forth below.
California residents may make a Request to Know up to twice every 12 months.
Right to Non-discrimination: California residents have the right not to be subject to discriminatory treatment for exercising their rights under the CCPA. We will not discriminate against you for exercising any of your CCPA rights.
Submitting Requests. To exercise the access, data portability and deletion rights described above, you may email us at firstname.lastname@example.org or via our contact form.
When processing a request by email or phone, we will take steps to verify your request by matching the information provided by you with the information we have in our records. To verify a request, we may ask for your name, email address, and any other information you have submitted to us. If we are unable to adequately verify a request, we will notify the requestor. In some cases, we may request additional information in order to verify your request or where necessary to process your request.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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 provide you with a cost estimate before completing your request.