Somvai Privacy Policy

Last Updated: September 17, 2023

ABOUT THIS PRIVACY POLICY

At Somvai, we take the protection of your personal data seriously. This Privacy Policy applies to processing of personal data by SOMVAI LIMITED (collectively, "Somvai") when you visit our website (“Site”), use the Somvai with the Somvai Device or Somvai on the Web, or use other Somvai services (“Products”). This Privacy Policy does not apply to Somvai Teams, or any third parties that may process your data.

Our products, like the Somvai, enable you to track your lifestyle choices and the quality of your sleep. We understand that data does not get much more personal than this, and the protection of your personal data is of paramount importance to us. Please take a moment to carefully review this Policy.

WHY DOES SOMVAI PROCESS YOUR PERSONAL DATA?

The sections below explain the categories of personal data we collect and process, as well as the reasons we do so. You will also find information on our legal basis for processing your data, and our data sources.

DEVICE AND APPLICATION USERS

PROCESSING PURPOSES

Somvai collects and processes your personal data for the following purposes:

To provide Somvai servicesWe process personal data when you use our Products, such as to provide you with daily insights about your readiness, sleep, activity, and other inferences about your health status.
To provide customer serviceWe process personal data for the purpose of providing customer service and managing our customer communication. If you contact our Support with questions regarding your app data, we may use the provided information to answer your questions and for solving any issues you may have.
To develop our products and servicesWe process data regarding your use of the Somvai and platform to improve our services and features, such as in the Somvai App. When feasible, we will do this using only pseudonymized, aggregated, or non-personally identifiable data.
To market our products and servicesWe process marketing-related personal data to provide online advertising and Somvai marketing communications. For example, as explained more fully in our Cookie Policy, we use cookies and similar technologies on our website to create audiences for online advertisement. You can opt out of direct marketing communications.
To enable third party integrations and servicesWe process personal data you provide to Somvai to enable third party integrations, services, features, and offerings. For example, with your permission, our Products may integrate with third party services like Google Health Connect and Apple HealthKit, or our research partners. Somvai takes measures to help ensure third party services protect your personal data, which means that Somvai only processes your data with respect to third party integrations when you choose to integrate them with our Products, or when you provide the necessary consents. We process the data we receive from these third parties according to applicable terms, such as the Google Health Connect Permissions policy and Google Limited Use requirements as well as relevant third party developer license agreements, as we become aware of those policies and agreements.
To comply with legal obligationsIn certain cases, we must process certain data when it is required by applicable laws and regulations. Such statutory obligations are related, for example, to accounting and tax requirements, legal claims, or other legal purposes. Somvai will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify users if we receive any such request.

LEGAL BASIS FOR PROCESSING

Data protection law in Europe requires a "lawful basis" for collecting and retaining personal information from residents of the European Economic Area. Our lawful bases for processing your data depend on the particular processing purposes, including:

ContractWhen processing personal data for the purpose of providing Somvai services via our Sites or Products, we process personal data on the basis of a user contract, which is formed when you create your account and accept our terms and conditions.
ConsentWe process your health-related data only with your consent. In some cases, you can provide your consent to us for processing your data through your actions, such as by inserting health data into your notes, or by adding health related tags in the Somvai App.
Legitimate InterestWe process your personal data based on our legitimate interests when we process it for the purposes of marketing our Products and Sites, providing our customer service and improving our Products. When choosing to use your data on the basis of our legitimate interests, we carefully weigh our own interests against your right to privacy, in compliance with applicable law.
Legal obligationSomvai must process certain information to comply with statutory obligations which may vary in each country. For example, such obligations can relate to consumer protection or tax laws.

PROCESSED DATA AND DATA SOURCE

In most cases, Somvai collects personal data directly from you, such as when you register for an account, tag your data in the Somvai mobile or web app, or use your Somvai. We may also process data that is produced from the information you provide to us. Somvai may also rely on trusted third party processors to collect data on our behalf, such as our payment processor partners.

Somvai processes the following personal data categories when you use our Products:

Contact information such as email address or physical address.
User information such as gender, height and weight, User ID, and other information you may provide to us about yourself or your account.
Device information such as IP address and location data.
User-provided activity and contextual information such as the activities, notes, comments, and tags you provide within the app.
Measured data such as heart rate, movement data, and temperature data.
Calculated user, sleep, health, and activity data such as sleep phases (deep, light, REM, awake), activity levels throughout the day, readiness level, and body mass index (calculated based on height and weight).

Please note that some of the personal data we process, including any data concerning your health, is considered special or sensitive personal data. Under applicable law, such data is processed only if you have given your consent for processing. If you access or use any of Somvai's location-based services, such as by enabling activity tracking through our Products, Somvai may process the approximate or precise location of your device while the service is active. This data may be obtained via your device's service provider network ID, GPS, and/or Wi-Fi data. Somvai does not process such location data without first obtaining your consent. You may disable such location processing at any time using your device's location permission settings.

Please also note that if you give your opt-in consent through our Products, you may share limited personal information like your sleep and readiness scores with other Somvai users of your choice. You can make changes to what data you share with other Somvai users, including opting out of sharing any data. Depending on your use of our services, you may also choose to communicate with and react to other users’ information and scores. Please remember to always maintain a respectful and supportive environment when communicating with other users. Please see Somvai’s Terms & Conditions for more information.

ONLINE CUSTOMERS & SITE VISITORS

PROCESSING PURPOSES

If you visit Somvai's Site, have an online account, or complete orders on Somvai's online store, we process personal data for the following purposes:

To provide Somvai servicesWe process personal data when you use our Site or Products, such as to provide you with daily insights about your readiness, sleep, activity, and other inferences about your health status.
To complete and deliver your ordersWe process personal data to process, handle, and deliver your purchases, and to facilitate your shopping.
To provide customer serviceWe process personal data for the purpose of providing customer service and managing communication with our customers. If you contact our Support with questions regarding our Site or Products, we will use the provided information to answer your questions, and to help solve any issues you may have.
To develop and improve our servicesWe process personal data regarding visitor use of our Site to improve the quality of our online services. This may involve our use of web statistics and trends on our website and in our online store. When feasible, we will do this using only aggregated and anonymized data.
To advertise and market our servicesWe process marketing data to provide online advertising and Somvai marketing communications. Somvai does not target people with online advertising based on their health data in the Somvai App. As explained more fully in our Cookie Policy, we use cookies on our Site to create targeted audiences for online advertisement. You can always opt out of marketing communications.
To comply with statutory obligationsIn certain cases, we must process certain data when it is required by applicable legislation. Such statutory obligations are related, for example, to accounting and tax requirements, legal claims, or other legal purposes.

LEGAL BASIS FOR PROCESSING

ContractWhen processing personal data to handle and deliver your purchases, we rely on the legal basis of a user contract, which is created when you place your order.
ConsentWe process your personal data for electronic direct marketing purposes if you have provided your consent for it.
Legitimate InterestWhen we process your personal data for customer service purposes, marketing, and developing our products, we do it on the basis of our legitimate interest to run, maintain, and develop our business and to create and maintain customer relationships. When choosing to use your data on the basis of our legitimate interests, we carefully weigh our own interests against your right to privacy under applicable laws.
Legal obligationSomvai must process certain information to comply with statutory obligations which may vary in each country. For example, such obligations can relate to consumer protection or accounting legislation.

PROCESSED DATA AND DATA SOURCE

In most cases, we collect personal data directly from you if you choose to complete orders in our online store or contact us with a question or complaint. When you visit Somvai's Site, we collect analytical data about you via your device and browser via cookies and various other technologies for service development and advertising purposes. Somvai may also rely on trusted third party processors to collect data on our behalf, such as our payment processor partners. We process the following personal data categories when you visit our Site:

Contact information such as name, email address and address
Delivery information such as your purchases and chosen payment method
Delivery information such as your purchases and chosen payment method
User activity such as browsing patterns on the Site and any communications you have with us.

CALIFORNIA RESIDENTS

CCPA NOTICE FOR CALIFORNIA CONSUMERS

This notice supplements the information contained in Somvai’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("customers" or "you"), and who access Somvai's Site or Products. This notice is pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), and any terms defined in the CCPA have the same meaning when used in this notice.

COLLECTION, USE, AND SHARING OF INFORMATION

Where a customer interacts with Somvai's products and/or services, Somvai collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information" or “personal data”).

In the preceding twelve (12) months, we have not sold personal information to third parties, including data aggregators. We have collected and disclosed only the categories of personal information in this Privacy Policy as described in the Data Sharing and Disclosures section below.

CALIFORNIA CONSUMER RIGHTS

If you are a California resident, you have certain rights under the CCPA:

Right to know about the personal information we collect and shareThe CCPA gives you the right to request that we disclose the personal information we have collected about you over the past 12 months, which we do after we receive and validate your request. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of personal information we have disclosed about you (if any);
- The categories of sources for the personal information we collected about you;
- Our business or commercial purposes for collecting or selling that personal information;
- The categories of third parties with whom we share that personal information; and
- The specific pieces of personal information we collected about you.
Right of correctionYou have the right to request correction of your personal information. After we receive and validate your request, we will correct your personal information, unless an exception applies.Please note that you can correct and update some of your basic information via the Somvai App and via Somvai on the Web.
Right of deletionYou have the right to request erasure of your personal information, subject to certain exceptions, such as when we have a legal obligation to retain the data in question. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information unless an exception applies.
How to make disclosure, access, correction, or deletion requestsIf you are a California resident, you can request disclosure, access to, correction, and/or deletion of your personal data as described above by submitting a verifiable consumer request to us by:Sending an e-mail to dataprotection@somvai.com, including the following information along with your request: your full name, company name (if applicable), address, e-mail address, and a phone number. We may request that you provide additional information if necessary to confirm your identity. This is for security purposes, and is required by law in some cases.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 have the right to make a free request up to two times in any 12-month period. We will respond to all validated requests within 45 days of receiving your request, unless we request an extension. In the event that we reasonably require an extension in order to respond to your request, we will notify you of any such extension within the initial 45-day period.
Non-DiscriminationSomvai does not discriminate against users who request to exercise their privacy rights under the CCPA. Unless an exception applies, this includes our promise not to:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

DATA SHARING AND DISCLOSURES

PERSONAL DATA SHARING

Somvai does not sell or rent your personal information, and only shares your personal data with certain trusted service providers and partners so that we can provide and improve our services, to provide partner services and other offerings, and to operate our business. Whenever we share data with third-party service providers, we require that they use your information only for the purposes we've authorized, and for the limited reasons explained in this Privacy Policy. We also require these service providers to protect your personal information to at least the same standards that we do.

Like most companies, Somvai uses service providers for purposes such as:

providing and improving our online service platform;
storing our users' data;
providing customer services;
managing and organizing our marketing activities. Somvai only shares website usage data with our advertising network partners for the purposes of analyzing and optimizing our marketing. Somvai does not share the Somvai Product data with third party advertisers; and
analyzing information regarding the use of our online service to improve our service quality.

We use industry standard data protection measures to safeguard all international transfers of personal data through data protection agreements with our service providers.

PERSONAL DATA DISCLOSURES

We also reserve the right to disclose personal information under certain specific circumstances, including:

When we have your express consent to do so;
When it is reasonably necessary for our legitimate interests in conducting our business, such as in the event a merger, acquisition, or sale;
To protect Somvai's legal rights and property; and
To comply with valid legal requirements. Somvai will oppose any request to provide legal authorities with access to user data for surveillance or prosecution purposes, and will notify users if we receive any such request.

Otherwise, your personal information is never shared with any individual or other organization.

SAFEGUARDING YOUR DATA

Somvai uses technical and organizational safeguards to keep your data safe and secure. When appropriate, these safeguards include measures such as anonymization or pseudonymization of personal data, strict access control, and the use of encryption to protect the data we process.

We also ensure that our staff receives adequate training to ensure personal data is processed only in accordance with our internal policies, consistent with our obligations under applicable law. We also limit access to your sensitive personal data to personnel that have specifically been granted such access.

Online services that we provide via our Site protect your personal data in-transit using encryption and other security measures. We also regularly test our service, systems, and other assets for possible security vulnerabilities.

We update our Products regularly to protect your personal data. We recommend that you make sure that you always have the latest app and firmware versions installed in order to maximize protection of your data.

DATA RETENTION

The retention period for your personal data generally depends on the duration of your Somvai account lifecycle. Your personal data will be deleted when it is no longer needed for the purpose for which it was originally collected, unless we have a legal obligation to retain data for a longer period of time. For example, your measurement data regarding your sleep, readiness, and activity is stored only so long as your Somvai account is active.

Somvai also has legal obligations to retain certain personal data for a specific period of time, such as for tax purposes. These required retention periods may include, for example, accounting and tax requirements, legal claims, or for any other legal purposes. Please note that obligatory retention periods for personal data vary based on the relevant law.

If you wish, you may request deletion of your Somvai account by contacting dataprotection@somvai.com.

USE OF COOKIES

We use cookies and various other technologies to collect and store analytics and other information when customers use our site, as well as for personalization and advertising purposes. The cookies we use include both first party and third party cookies.

Cookies are small text files sent and saved on your device that allows us to identify visitors of our Site, facilitate the use of our Site, and to create aggregate information of our visitors. This helps us to improve our service and better serve our customers, and will not harm your device or files. We use cookies and similar technologies to tailor our Site and the information we provide in accordance with the individual interests of our customers. Cookies are also used for tracking your browsing habits and for targeting and optimizing advertising, both on our Site as well as on other sites you may visit. We also use cookies and similar technologies for integrating our social media accounts on our Site.

Please see our Cookie Policy for more information on Somvai's use of cookies, and how you can set your cookie preferences.

YOUR RIGHTS AS A DATA SUBJECT

Whenever Somvai processes your data, you have certain rights that enable you to control how your personal data is being processed. This section provides you with information about each of those rights. If you wish to exercise your rights as a data subject, please contact dataprotection@somvai.com with your request to do so.

Right to access dataYou have the right to know what personal data is processed about you. You may contact us to request access to the personal data we have collected about you, and we will confirm whether we are processing your data, and provide you with information about the personal data we have collected and processed.
Right to erasureYou have the right to request the deletion of your personal data in certain circumstances. We will comply with such requests unless we have a valid legal basis not to do so, or a legal obligation to preserve the data.
Right to rectification (of inaccurate data)You have the right to request correction of any incorrect or incomplete personal data we have stored about you.Please note that you can correct and update some of your basic information via the Somvai App and via Somvai on the Web.
Right to data portabilityYou have the right to request receipt of the personal data you have provided to us in a structured and commonly used format. The right to data portability only applies when we process your personal data for certain reasons, such as by contract or by your consent.Please note that Somvai on the Web provides you with the ability to export your own data.
Right to object to processingYou have the right to object to the processing of your personal data under certain circumstances. In the event that we do not have legitimate grounds to continue processing such personal data, we will no longer process your personal data after we have received and verified your objection. You also have the right to object to the processing of your personal data for direct marketing purposes at any time.
Right to restrict processingYou have the right to request that we restrict processing some types of personal data under certain circumstances. For example, if you contest the accuracy of your data, you can make a restriction request that we do not process your data until Somvai has verified the accuracy of your data.
Right to withdraw consentIf we have requested your consent in order to process your personal data, you have the right to withdraw your consent for such processing at any time where this right is provided by local law. It should be noted, however, that withdrawing your consent may lead to issues or restrictions on your ability to fully utilize Somvai Products.Please note that you can always unsubscribe from receiving our newsletter and other marketing emails by using the ‘Unsubscribe' link provided in the emails you receive from us.

Somvai strives to address your privacy concerns. If you have contacted Somvai about your issue and are still unhappy with our response, subject to applicable law, you may contact your local supervisory authority regarding your issue. However, we urge you to first contact us at dataprotection@somvai.com so that we can more quickly resolve your issue before escalating the issue.

Please read Somvai's CCPA Privacy Notice if you are a resident of the state of California to read more about your rights under California law.

CONTROLLER CONTACT INFORMATION

Somvai is the data controller of user personal data processed for marketing purposes. The controller of personal data processed for all other processing purposes is Somvai. Please find our contact details below:

SOMVAI LIMITEDAddress: 20-22 Wenlock Road, London, N1 7GUData Protection Officer: dataprotection@somvai.com

CHANGES TO THIS PRIVACY NOTICE

We reserve the right to update this Policy from time to time at our sole discretion, but if we do, we'll let you know about any material changes either by notifying you on our Site or by sending you an email or push notification. If you keep using Somvai services after a change, your continued use means that you accept any such changes.