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Terms and conditions of the Eight mobile application
This Application collects some Personal Data from its Users.

Eight Sleep, Inc.,
[email protected]

We pledge to respect your privacy, to be transparent about our data practices, to keep your data safe and to only collect data that helps us improve our products and services.

Eight designs products and tools that track everyday sleep to empower and inspire users to lead healthier and happier lives. This Privacy Policy applies to our personal fitness and electronic body monitoring products (“Devices”), our websites located at  www.EightSleep.com corporate.EightSleep.com , dev.EightSleep.com community.EightSleep.com , and  help.EightSleep.com  (individually a “Site” and collectively “Sites”), the Eight Connect software (“Software”) and Eight mobile applications (the “Apps”). The Devices, Sites, Software and Apps are collectively referred to in this Policy as the “Eight Service,” and by proceeding to use the Eight Service you consent that we may process the data that we collect from you in accordance with this Privacy Policy.

Because we’re always looking for new and innovative ways to help you achieve your sleep goals, this policy may change over time, but any future changes will not affect data that was collected under a previous version of this policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your Eight account and provide notice on the Site.
And remember, we’re here to help. If something in this policy does not make sense or if you have any questions, please contact us at  [email protected] .

ACTIVATE A DEVICE

When activating a Eight Device, you will be asked to download the Eight App or install Software and enter information about yourself, such as date of birth and gender. We use this information to personalize your sleep stats and sleep recommendations. Depending upon the specific Device you use, it can collect data such as the amount of time slept, measure your sleep quality and transmit this data to Eight. To see the full list of data that your Device collects, visit our Product Specifications page.

CREATE AN EIGHT ACCOUNT

If you want to access data collected by your Device, you must create an Eight account. When you create an Eight account, we ask for some personal information, including your name, email address and date of birth. Your email address will be your Eight account user name, which you will use to log-into your account. We do not display your email address to other users.

You might have also have the opportunity to create your Eight account using a different credential such as a Facebook or Google+ account. We will ask permission to access basic information from that account, such as your name, location, and friend list. You can stop sharing that information with us at any time by removing Eight’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are Eight users. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.

ADD INFO TO YOUR ACCOUNT

You can customize your Eight experience by adding other types of information to your account, such as usual bedtime bedtime, sleep goal, whether or not you sleep with a partner or pet Whenever you add this type of data, we collect it and store it in your Eight account.

VISIT OUR SITES

Eight collects industry standard data from everyone who visits our Sites—even if you don’t have a Eight account. This includes log data that automatically records information about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Site. We use this type of information to provide you with an experience that’s relevant to your location based on the IP address, to prevent Site misuse, and to ensure the Site is working properly. We also collect data from cookies. To see the full list cookies we use and how we use them, please read our Cookie Policy.

SYNC YOUR DEVICE

When you sync your Device through an App or the Software, data recorded on your Device about your sleep activity is transferred from your Device to our servers. Sleep activity includes ….. This data is stored and used to provide the Eight Service and is associated with your account. Each time a sync occurs, we log data about the transmission. Some examples, but not limited to, of the log data are the sync time and date, connectivity, and the IP address used when syncing.

BUY FROM OUR STORE

Credit card information  is handled by our third-party payment processor. We store your shipping address so we can process your order through our fulfillment partner. If you are logged into your Eight account when you purchase something on our Site, we associate that order with your Eight account.

CONTACT US

Whenever you contact Eight for help, we collect your name and email address along with additional information you provide in your request so that we can provide you with assistance and improve the Eight Service. If you contact us when you are already logged in to your account, the web form automatically pre-fills this information, so you don’t have to type it manually. You can also contact Eight on public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.

INVITE FRIENDS

To help you stay motivated on your sleep improvement journey, Eight might let you add friends who are already Eight users or invite friends who have not yet joined. In such case, you can add friends in several ways, such as by providing their email addresses, or by accessing social networking accounts or from the contact list on your phone. When you share your friends’ contact information with us to add them as a friend, we will only use it for this purpose.

ACTIVATE LOCATION FEATURES

The Eight Service includes features that require the collection of specific location data, including: GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We only collect this type of data when you activate a location feature, such as run mapping. We stop collecting this type of data when you deactivate the feature. We store this information in your Eight account. If you are using a mapping feature, we will send your location information to our mapping service provider so they can display your location on a map. They are contractually prevented from sharing or using this data for any other purpose.

WHAT YOU CAN DO ON THE EIGHT SERVICE

The Eight Service is intended for your personal, non-commercial use.

Eight grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Eight Content, (2) access and use the software and mobile applications provided by the Eight Service, and (3) use the software that is embedded into Eight products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Eight Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Fitbit Content, Eight Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Eight or its licensors, except for the licenses and rights expressly granted in these Terms.

Eight uses your data to provide you with the best experience possible, to help you make the most of your sleep, and to improve and protect the Eight Service. Here are some examples:

  1. Age, gender and sleep quality are used to provide personalized sleep recommendations.
  2. Contact information is used to send you notifications and to inform you about new features or products we think you would be interested in. Please see “Can I Opt-out Of Receiving Eight Emails?” for information on how you can opt-out of future communications.
  3. Data and logs are used in research to understand and improve the Eight Device and Eight Service; to troubleshoot the Eight Service; to detect and protect against error, fraud or other criminal activity; and to enforce the Eight Terms of Service.
  4. De-identified data that does not identify you may be used to inform the health and scientific community about trends; for marketing and promotional use; or for sale to interested audiences. See “Sharing of De-identified Data That Does Not Identify You” to learn more.

DATA THAT COULD IDENTIFY YOU

Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share this data under the following circumstances:

  1. With companies that are contractually engaged in providing us with services, such as order fulfillment, email management and credit card processing. These companies are obligated by contract to safeguard any PII they receive from us.
  2. If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service or Terms of Sale, to protect the security or integrity of the Eight Service, and/or to protect the rights, property, or safety of Eight, its employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
  3. We may disclose or transfer your PII in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company. We will notify you if a different company will receive your PII and the promises in this Privacy Policy will apply to your data as transferred to the new entity.

DATA THAT DOES NOT IDENTIFY YOU (DE-IDENTIFIED DATA)

Eight may share or sell aggregated, de-identified data that does not identify you, with partners and the public in a variety of ways, such as by providing research or reports about health and sleep. When we provide this information, we perform appropriate procedures so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you.

DATA THAT YOU DIRECT US TO SHARE

You can direct us to share data with other parties. For example, you might authorize us to link your Eight account with a third-party app; send status updates to your Facebook or Twitter account; or direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s privacy policy.

DEFAULT VISIBILITY SETTINGS

The privacy settings on new Eight accounts are set to reveal minimal data about you with the purpose of getting you involved with the Eight Service.

CONTESTS AND GIVEAWAYS

Eight may offer opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Policy, unless the rules for those offers note otherwise.

SURVEYS

Eight may also ask you to participate in surveys (processed by Eight or third parties) that help us understand your use of the Eight Service. Any PII you provide to Eight (or supplied by you or Eight to such third-party survey providers) in connection with these surveys will only be used in relation to that survey and as stated in this policy.

HOW LONG WE SAVE YOUR DATA

We store your PII for as long as you maintain a Eight account.

Data that you provide to Eight through the Site can be modified from your dashboard or Eight account preferences. If you remove data from your Eight account, it will no longer appear to you or others who use the Eight Service. Backups of that data will remain associated with your Eight account and in our archive servers.

You can deactivate your Eight account by contacting Customer Support. When you do, data that can identify you will be removed from the Eight Service, including but not limited to your email, name, photo(s), friends list and links to sites such as Facebook and Twitter. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Eight may continue to use your de-identified data after you deactivate your account.

Eight is not directed at persons under the age of 16. We do not knowingly collect any PII from children under 16. We will share information only to the owners of the account which pursuant to this terms and conditions, must be older than 16.  If you are aware of a user under the age of 16 using Eight, please contact us at  [email protected] .

Of course! You can opt-out of receiving weekly summaries, achievement notifications, contests, giveaways, surveys and promotional emails by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in any Eight email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Eight Service.

Eight uses a combination of technical and administrative security controls to maintain the security of your data. If you have a security-related concern, please contact Customer Support.

We use cookies and other technologies like pixel tags and web beacons to improve the functionality of the Eight Service.

TECHNOLOGIES WE USE

Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Eight Service you’ve visited so we can figure out which promotions you may like to see or to alert you to software compatibility issues.

Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Eight, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.

Social media tools, like widgets and plug-ins, are used so you can share information from Eight on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our Sites, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the privacy policy of the company providing them, not by Eight’s Privacy Policy. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.

DOES EIGHT HONOR “DO NOT TRACK” SIGNALS?

Although we would like to honor the browsers set with a “Do Not Track” signal, the Sites do not currently respond to a DNT or similar signal as it awaits the results of efforts by the policy and legal community to determine the meaning of DNT and the proper way to respond.

We use the following third-party advertising cookies to present you with opportunities to purchase Eight products on our Site; and retargeting cookies, to present you with Eight advertising on other websites based on your interaction on our Sites and other websites.

  1. Google Adwords Conversion: You can  adjust  the Google Ads Settings and  opt-out  of this program.
  2. Twitter Advertising: This cookie allows us to present you with retargeting advertising for Eight products on Twitter. This   Twitter FAQ  explains how their advertising program works and gives you the option to adjust your Twitter settings.
  3. Facebook Custom Audiences: You can adjust your Facebook advertising settings from within your Facebook account and opt-out of advertisements from within the Facebook application
  4. Mixpanel: We use Mixpanel as our primary analytics tool to understand how our customers use the Eight Service and Mixpanel People to contact you about the use of our product, for example, to proactively assist you if you have trouble syncing your Device. You can read the  MixPanel Privacy Policy  and  opt-out .
  5. We use Google Analytics, New Relic, KissInsights and Optimizely analytics cookies allow us to see how you use our services so we can improve your experience. We encourage you to read the Google Privacy Policy. If you prefer to not have data reported by Google Analytics, you can install the  Google Analytics Opt-out Browser Add-on . You can read the  Optimizely Privacy Policy  and  opt-out . You can also read the  New Relic privacy policy .

Please read full details in our site’s privacy policy.

You can email us with any questions or comments at  [email protected] .

Privacy Officer

Eight Sleep, Inc.

146 Duane St. #5A,  New York, NY 10013

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