SleepMapper Privacy Notice
This Privacy Notice was last updated on November 10, 2020.
The SleepMapper mobile application (“App”) provides you with information and control over your SmartSleep device and Somneo device and other services (“Services”). This Privacy Notice is meant to help you understand our privacy practices when you use our Services, including what data we collect, why we collect it, and what we do with it, as well as your individual rights. SleepMapper uses personal data collected or processed by the SmartSleep, and Somneo device(s) (“Device”) and/or the SleepMapper mobile application (“App”). This Privacy Notice applies to personal data collected or processed by the Device and/or the App, which is controlled by or under control of Koninklijke Philips N.V. or any of its affiliates or subsidiaries (”Philips”, “our”, “we” or “us”). Please also read our Cookie Notice (which can be found when you access the App) and Terms of Use, which describes the terms under which you use our Services. What Personal Data are collected and for which Purposes We receive or collect personal data, as described in detail below, when we provide our Services, including when you access, download, install the Device or the App, or use our Services. We may use this personal data to perform the Services requested by you as a contractual necessity, to operate, provide, improve, customize, support, and market our Services based on our legitimate interest, or to comply with a legal obligation to which we may be subject. If you do not want us to collect and process your personal data, you may not be able to use all the Services provided by the App. Sensitive Personal Before we collect sensitive personal data, we will inform you and ask your explicit consent. The sensitive data collected in the App includes your sleep patterns, sleep metrics such as when you went to sleep; when you wake; your total sleep time; your slow wave activity; tones delivered by the device; duration of tones delivered; your sleep stages; how many times you wake at night and for how long. Additionally, environmental sensor data such as temperature, humidity, light level and sound pressure in the room will be collected if you are using the Somneo device. You may withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before withdrawing your consent. Sensitive Personal Data We ask that you not send us and you not disclose any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the App or otherwise to us. Account Data We collect your personal data when you create an account. You may login to the App using a MyPhilips account or you can create a new Philips account. The personal data we collect include your username, name, email address, country, language and password. Other Provided Data This data includes information provided by you. The data that you enter into the App includes your gender, birth date (month/year), your average sleep time and your target sleep time. Device Data We may collect device-specific information when you install, access, or use the Device. This includes information about your Device, including the unique user device number. We also collect session and usage data, which is related to your use of the Device. If you use the SmartSleep Device, the Device records (sleep patterns, signal and impedance, sleep metrics such as: when you went to sleep, when you wake, your total sleep time, your slow wave activity, tones delivered by the device, duration of tones delivered, your sleep stages, how many times you wake at night, and for how long and syncs it to the App. This data also includes unique user Device number, session and usage data, which is information about your use of the Device. If you use the Somneo Device, the Device records device settings, and environmental sensor data such as temperature, humidity, light level and sound pressure and streams it to the App. This data also includes unique user Device number, session and usage data, which is information about your use of the Device(s). Cookies We use cookies, tags or similar technologies to operate, provide, improve, understand, and customize our Services. Cookies allow us to recognize your mobile device and collect your personal data including your unique user Device number, the IP address of your mobile device, the type of mobile internet browser or operating system you use, session and usage data, or service-related performance information, which is information about your use of the App. For further information about the use of cookies or other similar technologies used in this App, please read our Cookie Notice, which you find under the privacy setting of the App. Location Data When you allow access to location data, we may collect the geographic location of your mobile device. You can at any time block geo-location collection through the settings of your App or mobile device. Customer support You may provide us with information related to your use of our Services, including your interaction with Philips, and how to contact you so we can provide you customer support. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We also use your information to respond to you when you contact us. Combined Data We may combine your personal data, including account data, other data provided by you, Device data, cookies, location data, data collected during your interactions emails, apps and connected products, IP address, cookies, device information, communications you click on or tap and location details. We combine and use anonymized data to help us improve the content, functionality and usability of the App, device(s), our products and services and to develop new products and services. If you purchase additional Philips connected devices we may combine the data from the devices within the App to improve your sleep experience and App functionality only after we have obtained your consent to do so. Marketing If you opt-in to receive promotional communications about Philips products, services, events and promotions that may be relevant to you, we may send you marketing and promotional communications via email . You may opt-out and unsubscribe from such communications at any time. Permissions The App may request your permission to access your phone or sensors (e.g. camera, Wi-Fi, geo-location, or Bluetooth) or other data (e.g. photos, agenda, or contacts) on your mobile device. With whom are Personal Data shared? Philips may disclose your personal data to third party service providers, business partners, or other third parties in accordance with this Privacy Notice and/or applicable law. Service Providers We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. We may share your personal data with the following service providers: These service providers deliver the necessary hardware, software, networking, storage, transactional services and/or related technology required to run the App or provide the Services. These providers deliver specific services for Adobe Analytics, and Apptentive such as marketing analytics and reporting tools. Philips requires its service providers to provide an adequate level of protection to your personal data similar to the level that we provide. We require our service providers to process your personal data only in accordance with our instructions and only for the specific purposes mentioned above, to have access to the minimum amount of data they need to deliver a specific service, and to protect the security of your personal data. Other third parties Philips may also work with third parties who process your personal data for their own purposes. Please read their privacy notices carefully as they inform about their privacy practices, including, what type of personal data they collect, how they use, process and protect them. If Philips shares personal data with a third party that uses your personal data for their own purposes, Philips will ensure to inform you and/or obtain your consent in accordance with applicable laws before we share your personal data. Philips sometimes sells a business or a part of a business to another company. Such a transfer of ownership could include the transfer of your personal data directly related to that business, to the purchasing company. All of our rights and obligations under our Privacy Notice are freely assignable by Philips to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your personal data to any of our affiliates, successor entities, or new owner. Cross-border transfer Your personal data may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer (if any) of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal data. If you are located in the EEA, your personal data may be transferred to our affiliates or service providers in non-EEA countries that are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here [http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm]. For transfers from the EEA to countries not considered adequate by the European Commission, such as United States, we have put in place adequate measures, such as our Binding Corporate Rules for Customer, Supplier and Business Partner Data and/or standard contractual clauses adopted by the European Commission to protect your Personal Data. You may obtain a copy of these measures by following the link above or by contacting privacy@philips.com. How long do we keep your data? We will retain your personal data for as long as needed or permitted in light of the purpose(s) for which the data is collected. The criteria we use to determine our retention periods include: (i) the length of time you use the App and Services; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). Your choices and rights If you would like to submit a request to access, rectify, erase, restrict or object to the processing of personal data that you have previously provided to us, or if you would like to submit a request to receive an electronic copy of your personal data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at privacy@philips.com. We will respond to your request consistent with applicable law. In your request, please make clear what personal data you would like to access, rectify, erase, restrict or object to its processing. For your protection, we may only implement requests with respect to the personal data associated with your account, your email address or other account information, that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that if you make use of (some of) your choices and rights, you may not be able to use, in whole or in part, of our Services anymore. We protect your personal data We take seriously our duty to protect the data you entrust to Philips against accidental or unauthorized alteration, loss, misuse, disclosure or access. Philips uses a variety of security technologies, technical and organizational measures to help protect your data. For this purpose we implement, among others, access controls, use firewalls and secure protocols. Special information for parents While the Services are not directed to children, as defined under applicable law, it is Philips policy to comply with the law when it requires parent or guardian permission before collecting, using or disclosing personal data of children. We are committed to protecting the privacy needs of children and we strongly encourage parents and guardians to take an active role in their children’s online activities and interests. If a parent or guardian becomes aware that his or her child has provided us with his or her personal data without their consent, please contact us at privacy@philips.com. If we become aware that a child has provided us with personal data, we will delete his/her data from our files. Changes to this Privacy Notice Our Services may change from time to time without prior notice to you. For this reason, we reserve the right to amend or update this Privacy Notice from time to time. When we update this Privacy Notice, we will also update the date at the top of this Privacy Notice. We encourage you to review regularly the latest version of this Privacy Notice. The new Privacy Notice will become effective immediately upon publication. If you do not agree to the revised notice, you should alter your preferences, or consider stop using our Services. By continuing to access or make use of our Services after those changes become effective, you acknowledge that you have been informed and agree to the Privacy Notice as amended. Contact Us If you have any question about this Privacy Notice or about the way in which Philips uses your personal data, please contact our Data Protection Officer at privacy@philips.com. Alternatively, you have the right to lodge a complaint with a supervisory authority competent for your country or region. Koninklijke Philips N.V. High Tech Campus 5 5656AE, Eindhoven The Netherlands
Additional information for California Residents California Civil Code Section 1798.83 permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and like to make such a request, please visit our privacy website. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following details regarding the categories of Personal Information that we collect and process about California residents via the Device and/or the App. For details on how we handle Personal Information pursuant to the CCPA in other contexts, please go here. Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household. Sources of Personal Information We collect Personal Information from: Collection and Disclosure of Personal Information The following chart details which categories of Personal Information about California residents we plan to collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months.
| Categories of Personal Information | Disclosed to Which Categories of Third Parties for Operational Business Purposes |
| Identifiers, such as name, contact information, IP address and other online identifiers | Our affiliates and subsidiaries; trusted third-party service providers for operational purposes; to provide your device(s) data for your review; to contact you via app notifications or email, if you opted in for this |
| Personal information as defined in the California customer records law, such as name, contact information, health information | Our affiliates and subsidiaries; trusted third-party service providers for operational purposes; to provide your device(s) data for your review; to contact you via app notifications or email, if you opted in for this |
| Internet or network activity information, such as browsing history and interactions with our online services | Our affiliates and subsidiaries; trusted third-party service providers; third parties, to permit them to send you marketing communications, consistent with your choices |
| Geolocation data, such as device location | Our affiliates and subsidiaries; trusted third-party service providers for operational purposes; to provide your device(s) data for your review; to market to you, if you provided your consent to do so |
| Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences, behavior and characteristics | Our affiliates and subsidiaries; trusted third-party service providers for operational purposes; to provide your device(s) data for your review; to market to you, if you provided your consent to do so |
Use of Personal Information We use these categories of Personal Information for the purposes of operating, managing, and maintaining our business, providing our products and services, and accomplishing our business purposes and objectives, as described above under “What Personal Data are collected and for which purposes?” We do not sell and have not sold Personal Information in the preceding 12 months, as “sale” is defined in the CCPA. We do not sell the Personal Information of minors under 16 years of age. Individual Rights and Requests If you are a California resident, you may request that we: Disclose to you the following information covering the 12 months preceding your request: To make a request for the disclosures or deletion described above, please contact us at: http://www.philips.com/a-w/privacy/questions-and-feedback.html or (866) 309-3263. We will verify and respond to your request as described above in “Your Choices and Rights” and consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as email address, mailing address, or telephone number in order to verify your identity and protect against fraudulent requests. If you make a deletion request, we may ask you to verify your request before we delete your Personal Information. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA. Authorized Agents If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable: If you are making a request on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4000-4465, we may also require the resident to:
