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Privacy & Cookies Policy

BACKGROUND:

Circadia Technologies Ltd understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who uses our services and provides personal data through either (a) our Mobile App: iOS/Android (“Mobile App”), (b) our website myinsomniatest.com (“Website”) or (c) the sleep tracker device that has to be used in conjunction with the Mobile App (“Sleep Device”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy & Cookies Policy carefully and ensure that you understand it. Your acceptance of the Cookies part of this Privacy & Cookies Policy will occur when you tick the consent box on Our Mobile App or Our Website and you acceptance of the privacy part of this Privacy & Cookies Policy is deemed to occur upon your first use of Our Mobile App, Website or Sleep Device AND/OR You will be required to provide express consent by reading and accepting this Privacy & Cookies Policy when signing up for an Account or Subscription (if we offer one). If you do not accept and agree with this Privacy & Cookies Policy, you must stop using Our Mobile App, Website and Sleep Tracker immediately.

1. Definitions and InterpretationIn this Policy the following terms shall have the following meanings:
    Accountmeans an account required to access and/or use certain areas and features of Our Mobile App or Website;Cookiemeans a small text file placed on your computer or device by Our Mobile App or Website when you visit certain parts of Our Mobile App or Website and/or when you use certain features of Our Mobile App or Website. Details of the Cookies used by Site are set out in Part 14 below;Cookie Lawmeans the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;Raw Datameans data collected that is personal data as defined under the Data Protection Legislation (as defined below) which comprises identifiers to one or more factors specific to you physical, physiological, genetic, mental, economic, cultural or social identity where such identifiers are provided by you via Our Mobile App or Website or collected by technical sensors or otherwise through Our Sleep Tracker and Mobile App, including but not limited to height, weight, respiration data, sleep data, environmental data and motion data; andThird Party Providersmeans any third party provider(s) that we may elect to work with to extend the use and benefits you derive from Our Mobile App, Sleep Tracker or Website, including but not limited to sleep coaches, wellness coaches, alternative medicine therapists, sports coaches, service companies in the sleep, health and wellness industry.
2. Information About UsCircadia Technologies Ltd is a Limited company registered in England under company number [09270518]Registered address: 6 Delmey Close, Croydon, United Kingdom, CR0 5QDVAT number:Data Protection Officer & Representative: Stefan Karolcik
    Email address: support@circadiatech.comTelephone number: 02033055585 PostalAddress: 207 Lavender Hill, SW11 5SD, London, United Kingdom
3. What Does This Policy Cover?This Privacy & Cookies Policy applies only to your use of Our Mobile App, Our Website and/or Our Sleep Tracker. Our Mobile App or Our Website may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
4. What Is Personal Data?Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
5. What Are My Rights?Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
  • The right to be informed about our collection and use of your personal data. This Privacy & Cookies Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15. The ICO has more guidance on their website, [here]
  • The right to access the personal data we hold about you. Part 13 will tell you how to do this. The ICO has more guidance on their website,[here]
  • The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more. The ICO has more guidance on their website,[here]
  • The right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more. The ICO has more guidance on their website, [here]
  • The right to restrict (i.e. prevent) the processing of your personal data. Please contact us using the details in Part 15 to find out more. The ICO has more guidance on their website,[here]
  • The right to object to us using your personal data for a particular purpose or purposes. Please contact us using the details in Part 15 to find out more. The ICO has more guidance on their website,[here]
  • The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time. Please contact us using the details in Part 15 to find out more.
  • The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases. Please contact us using the details in Part 15 to find out more.
  • Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves however, so please contact us first, using the details in Part 15.
6. What Data Do You Collect and How?Depending upon your use of Our Mobile App, Our Website and/or the Sleep Tracker, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies. We do not collect any ‘special category’ or ‘sensitive’ personal data but please refer to Part 16 on this.
Data Collected
How We Collect the Data
Lawful Basis
Identity Information including first name, last name, title, gender, date of birth Via Our Mobile App including via any installed plugins, Our Website platform, via online questionnaires, over the telephone or via email or social media interaction, Third Party Providers, at health and wellness and technology events, other general marketing. Sometimes data may be collected automatically through these mediums. Consent Legal Obligation Legitimate Interest
Contact information including address, email address, telephone numbers Via Our Mobile App including via any installed plugins, Our Website, via online questionnaires, over the telephone or via email or social media interaction, Third Party Providers, at health and wellness and technology events and other general marketing. Sometimes data may be collected automatically through these mediums. Consent Contract Legal Obligation Legitimate Interest
Payment information including card details, bank account numbers, CVV codes Via Our Mobile App, Our Website, over the telephone, email, payment processing partners and servers. Sometimes data may be collected automatically through these mediums. Contract Legal Obligation Legitimate Interest
Profile information including login details, purchase history Via Our Mobile App, Our Website, the Sleep Tracker, , online questionnaires. Sometimes data may be collected automatically through these mediums. Contract Legitimate Interest
Technical information including IP address, browser type and version, country, operating system Via Our Mobile App and Our Website. Sometimes data may be collected automatically through these mediums. Legal Obligation Legal Interest
Data from third parties other than Third Party Providers Social media platforms and insights tools. Sometimes data may be collected automatically through these mediums. Contract Legitimate Interest
Raw Data Via Our Sleep Tracker. Sometimes data may be collected automatically through this medium. Consent Contract Legitimate Interest
7. How Do You Use My Personal Data?Under the Data Protection Legislation, we must always have a lawful basis for using personal data which comprises consent, contract, legal obligation and legitimate interests. More details on each lawful basis and examples of how we use your personal data under each basis are as follows:
    ConsentWhere you have expressly provided your consent to receive communications from us such as newsletters, emails, marketing materials, news and events, new services, new products and exclusive events (if appropriate). Consenting to the use of cookies on Our Mobile App or Website is used to make your experience on Our Mobile App or Website more seamless by, for example but not limited to, remembering pages you have previously visited, products you have clicked on, automatically generated forms.ContractYour personal data is necessary for us to administer the functionality of your Account or Subscription (if appropriate)and contractual relationship with you so that we may communicate with you about subscription orders, your sleep tracker device, consultations, after sales service, set up and manage accounts, complete purchases or payments, store and record your purchases and previous orders made via Our Mobile App or Our Website and keeping you updated with any changes in our terms and policies as well as offering you additional products, services and benefits as a valued customer of ours.Legitimate InterestWhere you have provided your email address or other personal data to us, either online or offline, we may add you to our database for emails to contact you about new products, news and events, exclusive services. Certain personal data is also needed for legitimate purposes to prevent fraud, security breaches, legal violations, for us to help recommend products and services to you and to understand more about our customer and targeted customer base as well as to help the Mobile App and Our Website to switch to the correct currency, language and delivery options if applicable. We may also use the personal data collected under this lawful basis to help us analyse and administer, improve and update Our Mobile App, Sleep Tracker or Website for better experience, better products and service we offer.Legal ObligationCertain personal data you provide us is necessary for us to fulfil our legal obligations as a business for example, verifying parental responsibility, your age and appropriate use of Our Mobile App, Sleep Tracker or Website, preventing fraud, security breaches and complying with our tax and accounting obligations where needed.Personal data relating to childrenOur Mobile App, Sleep Tracker or Website is not intended for use by anyone under the age of 18 but you may be required to provide certain personal data for your children in order to use and benefit from the services offered through our Mobile App, Sleep Tracker or Website. We will only ever collect personal data of children where we have a lawful basis which may be consent, contract, legitimate interest or legal obligation. Consent for the use of personal data of children under the age of 13 has to be provided by an adult who has parental responsibility for that child/children. We reserve the right to ask you for evidence that you have parental responsibility. Any personal data relating to your children will be afforded the same rights as your personal data as set out in Part 5. Furthermore, We do not conduct any automatic user profiling with children’s personal data and Our Mobile App, Website and Sleep Trackers are set up to have age appropriate safeguards in place. Personal data of your children may be shared as set out in Part 10. Please contact us using the details in Part 15 for further information.You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. See Part 11 for more details.Third Parties whose content appears on Our Mobile App or Website may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
8. How Long Will You Keep My Personal Data?We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Even if we delete your personal data, it may still exist on backup or archival media for legal, tax or regulatory purposes.
9. How and Where Do You Store or Transfer My Personal Data?We will store or transfer some of your personal data within the United Kingdom and the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, GDPR, and/or to equivalent standards by law.We may store or transfer some or all of your personal data in countries that are not part of the United Kingdom or the EEA. These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:We may use specific contracts with external third parties that are approved by the European Commission for the transfer of personal data to third countries These contracts require the same levels of personal data protection that would apply under the Data Protection Legislation. More information is available from the European Commission (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu_en).Please contact us using the details below in Part 15 for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country.The security of your personal data is essential to us and to protect your data, we take a number of important technical and organisational measures, including the following:
  • limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality and aware of any obligations relating to the use of your personal data by them; and
  • procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.
10. Do You Share My Personal Data?
    Subject to part 9, We will not share any of your personal data with any third parties for any purposes, subject to the following exception[s].
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. We may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.We may share your personal data with our employees, agents, professional advisers to ensure the Mobile App, Sleep Tracker and Website work as they should for you. We may also need to share your personal data to relevant authorities for example to facilitate the detection of crime or collection of taxes or duties.
    We may sometimes contract with the following third parties to supply certain services and as such your personal data and/or Raw Data may be shared with them as outlined below.
Recipient
Activity Carried Out
Sector
Location*
AWS (Data Processor) Payment processing, order processing Customer Relationship Management digital marketing EU Region
Stripe Payment processing Gateway e-commerce As prescribed by Stripe’s data transfer policy
AWS Storage and processing of personal data and Non Personal Data Cloud storage EU Region
Maintenance such us updates to prevent hacking and cybersecurity App or Website administration UK
Marketing Marketing UK
Third Party Providers Consultations, care sessions or other health and wellness support that builds on and extends the benefits of the use of Our Mobile App, Sleep Tracker or Website health and wellness services UK
Research bodies Sharing of Raw Data on an anonymised and aggregate basis for research purposes Research industry

*LocationPersonal data collected by Us may be stored and processed in your region, in the United States, or in any other country where Circadia or its affiliates, subsidiaries or service providers maintain facilities. Typically, the primary storage location is in the customer’s region or in the United States, often with a backup to a data centre in another region. The storage location(s) are chosen to operate efficiently, to improve performance, and to create redundancies to protect the data in the event of an outage or other problem. All data stored outside of the United Kingdom or the EEA will be processed in accordance with Part 9 of this Privacy & Cookies Policy.ResearchWe may use your Raw Data and other personal data on an anonymised basis, aggregate it with anonymised Raw Data and other personal data from other users of Our Mobile App, Sleep Tracker or Website to formulate analysis, theories and papers for distribution internally with our own research and development department or externally with research bodies, Third Party Providers or otherwise. When you create your Account you will be given an opportunity to consent to the use of your personal and Raw data for these purposes. If you have previously consented but later would prefer us not to use your personal data in this way, please let Us know by contacting us as described in Part 15. If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.
11. How Can I Control My Personal Data?
  1. In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Mobile App, Sleep Tracker or Website, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details and by managing your Account and opting out of your personal data being used for research purposes).
  2. If you are based in the United Kingdom, you may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”).These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
12. Can I Withhold Information?You may access certain areas of Our Mobile App or Website without providing any personal data at all. However, to use all features and functions available on Our Mobile App and Sleep Tracker you may be required to submit or allow for the collection of certain data.You may restrict our use of Cookies. For more information, see Part 14.
13. How Can I Access My Personal Data?If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.We will respond to your subject access request within 14 calendar days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
14. How Do You Use Cookies?Our Mobile App or Website may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our Mobile App or Website and to provide and improve our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.By using Our Mobile App or Website, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our Mobile App or Website for analytics and SEO such as Google Analytics and Google Tag Manager. Please contact us using the details in Part 15 if you would like to know which analytics services we are using from time to time. These Cookies are not integral to the functioning of Our Mobile App or Website and your use and experience of Our Mobile App or Website will not be impaired by refusing consent to them.All Cookies used by and on Our Mobile App or Website are used in accordance with current Cookie Law.Before Cookies are placed on your computer or device, you will be shown a pop up screen requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Mobile App or Website may not function fully or as intended. You will be given the opportunity to allow only first-party Cookies and block third-party Cookies. Certain features of Our Mobile App or Website depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Mobile App, Sleep Tracker or Website may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.Our Mobile App or Website may use analytics services from time to time. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Mobile App or Website is used. This, in turn, enables us to improve Our Mobile App, Sleep Tracker or Website and the products and services offered through it.The analytics service(s) used by Our Mobile App or Website use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Mobile App or Website, it does enable us to continually improve Our Mobile App or Website, making it a better and more useful experience for you.You may contact us for more details on strictly necessary and third party Cookies we use.In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Mobile App or Website more quickly and efficiently including, but not limited to, login and personalisation settings.It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
15. How Do I Contact You?To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Stefan Karolcik):
    Email address: support@circadiatech.comTelephone number: 02033055585Postal address: 207 Lavender Hill, SW11 5SD, London, United Kingdom
16. GeneralYou may not transfer any of your rights under this Privacy & Cookies Policy to any other person. Subject to terms and conditions, anyone under the age of 18 should not use Our Mobile App, Sleep Tracker or Website but in the event someone under the age of 18 uses Our Mobile App or Website and accepts this Privacy & Cookies Policy without parental responsibility consent or on another unauthorised basis, We shall not be liable for any breach of the Data Protection Legislation relating to the personal data We collect as a result of such use.We may transfer our rights under this Privacy & Cookies Policy where we reasonably believe your rights will not be affected.If any court or competent authority finds that any provision of this Privacy & Cookies Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy & Cookies Policy will not be affected.Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.This Privacy & Cookies Policy will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts
17. Changes to this Privacy & Cookies PolicyWe may change this Privacy & Cookies Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.Any changes will be immediately posted on Our Mobile App or Website and you will be deemed to have accepted the terms of the Privacy & Cookies Policy on your first use of Our Mobile App, Sleep Tracker or Website following the alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy & Cookies Policy was last updated on 03/05/2019