formebuds-privacy-policy

For me buds - Privacy Policy

Last updated: April 1, 2025

Sleepwave Inc.(hereinafter referred to as the “Company”, “we” or “us”) is committed to your privacy, and the Company goes to great lengths to protect the personal information of users who use the Services (defined below) provided by the Company.

This privacy policy (“Privacy Policy”) describes how the Company collects, stores, uses, and safeguards your personal information when you use the website (“Website”), mobile app (“App”), wearable device (“Device”) and any related online and offline services associated with Sleepwave (collectively, the “Services”). Please review this Privacy Policy before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Service[link] (“Terms”) and Privacy Policy. If you do not agree to both the Terms and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. Please see Sections 10-11 of our Terms regarding your legal rights in any dispute involving our Services

1. Personal Information We Collect and How We Collect It

When you use any of the Services, we may collect and process your personal information directly from you, automatically from your device, or from third parties, as described below. If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.

Personal information to be collected includes the categories shown below.

Categories - Information we collect in this category

Identifiers: Name, phone number, email (ID)
Customer Records (as defined in Section 1798.80 of California Civil Code): phone number, password
Characteristics of Protected Classifications under California or federal law: age, sex, medical condition (high blood pressure, hyperlipidemia, diabetes, etc)
Commercial Information: None anticipated
Biometric Information: Potentially characteristics in regard to sleep patterns (e.g., hypnogram, turn & toss, position) and exercise data
Internet or other electronic network activity information: None anticipated
Geolocation data: General home and away information, but not precise location data such as GPS
Audio, electronic, visual, thermal, olfactory, or similar information: None anticipated
Professional or employment-related information: None anticipated
Education Information: None anticipated
Inferences: None anticipated

Please note that some of the personal information we collect and process, including any data concerning your health, may be considered special or sensitive information under certain privacy laws, in which case the data may only be processed for the purpose you provide it or with your consent. In certain states we may not use or disclose sensitive personal information without your affirmative opt-in consent, and by establishing an account with us to use the Services, you affirmatively opt-in to our use and disclose of sensitive personal information for the purposes described in this Privacy Policy.

1.1. Information You Provide to Us

Personal information you may provide to us through the Services (for example, when you create an account, register a device, make a purchase, review a product, or contact us), includes:

Contact data, such as your first and last name, email, and phone number
Account data, such as your password and id (email address), and usage and subscription preferences, as well as payment information and transaction history if we provide the ability to make purchases through the Services
Survey information in response to questions we may send you through the Services, including for feedback and research purposes;
Demographic data, such as age and sex
Imprecise geolocation data, such as whether you are at home or not (but we do not track precise location or geocoordinates)
Biometric data, such as general health and fitness in regard to sleep habits, disorders, and exercise habits
Other data you share with us, such as through communications with us, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection

1.2. Automatic Data Collection

Cookies are a commonly-used web technology that allow online services to store and retrieve to store and retrieve certain information on a user’s system, and track users’ online activities. We, together with vendors we use, may collect information about your use of our Services by such automated means, including but not limited to cookies pixels, SDKs and other similar technologies. These technologies can help us automatically identify you when you return to our Website or App. They help us provide various functions and features to you through the Services, track usage patterns, identify issues, improve our Services, and determine what features are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.

The Company automatically collects the following data that are necessary for the use of the Service(s):

Device data, such as model, type and version, language, device setting information, log information (access and usage logs), operating system (i.e. iOS/Android), app version;
Event data, such as the use of certain features or functionality within our Services;
Sleep data, such as sleep-stage, sleep position, meditation time, stimulus sound, sleeping place (Home or away); and
Location information, where you choose to provide information about your device’s location.

We may also ask advertisers or other partners to serve ads or services to you, which may use cookies or similar technologies placed by us or the third party. If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. We may share non-personal information obtained via cookies with our advertisers and affiliates. Because there not yet consensus on how companies should respond top web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. See more information below about your rights with respect to cookies and similar tools.

If you do not permit us to automatically collect the above information, you may not be able to use some or all of the Services.

1.3. Third-party Sources

When you create or log into your account through a third-party platform, the Company will receive your information from the relevant third-party sources as follows:

“Google account” sign-up : email (ID), name, profile picture
“Apple account” sign-up : email (ID), name

2. Purpose of Collection and Use of Personal Information

The Company may use the information collected from the service, including personal information for the following purposes:

Provide and operate the Services to you;
Manage and maintain your account, including to: Verify identity of users who signed up as members; prevent illegal use and unauthorized use of Services; Confirm membership; , manage any purchases or transactions; provide any promotions; preserve records for the purpose of handling complaints, disputes, and delivery of notices, etc.
Communicate with you about the Services and provide support;
Analyze, review and understand your needs and interests, and personalize your experience with the Services and our communications;
Enable security features of the Services, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
Provide support for the Services, and respond to your requests, questions and feedback;
Preparation and analysis of statistical data about users for function and quality improvement (typically the creation of statistical data in a form that cannot personally identify anyone after aggregating the anonymized personal information of customers);
Operate, evaluate, and improve our products and services (including to develop new services); and diagnose or fix technology problems;
Service Improvements and analytics, such as to analyze your usage of the Service as well as evaluate and improve our products and services, improve the rest of our business, and help us understand user activity on the Services;
Research and development, including to analyze and improve the Services and our business. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect, which we may use and share for our lawful business purposes, including to analyze and improve the Services and promote our business.
Other rare but necessary circumstances, such as (i) to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; (ii) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (iii) audit our internal processes for compliance with legal and contractual requirements or our internal policies; (iv) enforce the terms and conditions that govern the Services; and (v) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

If personal information is collected for any purpose other than the foregoing purposes, we shall notify such purposes separately and collect your consent to the extent necessary.

3. Sharing Personal Information

3.1. Sharing of Personal Information to Third Parties

In connection with this Services, the Company will not disclose your personal information to third parties without your consent, except in the following circumstances:

Limited information (e.g., IP address, pageview, etc.) may be collected through third party online tools such as cookies as described above. As explained above, you can take certain steps to prevent such collection.
We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers). We only provide such vendors with information so they can perform their required functions on our behalf. Key providers who enable us to provide the Services include Amazon Web Services, Inc.
If you voluntarily share or submit any User Content including contact information (e.g., name) or content (e.g., picture), or commentary (e.g., product review) for public posting through our Services, or link to any social media platforms, the post and any content or information associated with it may become available to the public.
We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users, or the public.
We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of the Services. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy.

4. International Transfers

In connection with providing the Services to you, we may share or transfer your information within our corporate umbrella (e.g., with its parent company headquartered in South Korea) or with third-party service providers that are outside of the United States.

We may transfer your information in this manner in order to provide you with the Services, and for any other purposes outlined in this Privacy Policy, consistent with this Privacy Policy and any applicable laws. You should also bear in mind that the data protection laws in many of these countries may not offer the same level of protection as those in your home country. However, before transferring we will take steps to ensure that safeguards are put in place aimed at ensuring the same level of protection as required by applicable data protection laws in the country where you are located. By agreeing to this Privacy Policy you expressly consent to us and our business associates and suppliers processing your data in any jurisdiction, including, without limitation, the United States of America and South Korea, in accordance with this Privacy Policy.

5. Period of Retention

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as 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.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.

6. Your Privacy Rights

6.1. General Privacy Choices

We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

Marketing Emails: From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. You may choose not to receive marketing emails form us by clicking on the unsubscribe link in the marketing emails you receive from us. Even if you opt out of receiving such communications, we will continue sending you non-marketing email communications, such as administrative or transaction alerts, or information about changes to our terms of service.
Cookies: Web browsers may offer users the ability to disable certain types of cookies; however, if cookies are disabled, some features or functionality of our Services may not function correctly.
Text Messaging: If you consented to receive text messages from us and enroll in any text message program we offer for Services-related and/or promotional messages, you will receive updates via text unless you opt-out of the text message program. Message frequency may vary. If at any time you would like to stop receiving text message notifications, please text “STOP” in reply to our message, we will send you a reply message to confirm that you have been unsubscribed and you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. If at any time you forget what keywords are supported, just text “HELP” back to us and we will respond with instructions on how to use our text program as well as how to unsubscribe.
Targeted Advertising: We may potentially work with advertising partners who collect information about your online activities and provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising.
User Account: You may delete your user account and related personal information (if any) as provided through the App. We may retain certain information to the extent required by law and as otherwise provided in this Privacy Policy and our Terms of Use.

6.2. State-Specific Privacy Rights

This section provides additional privacy rights and information for Users who are residents of California, Colorado, Connecticut, Utah, Virginia and other states to the extent they have similar privacy laws in effect (collectively, “State Privacy Laws”). Please note that these rights are not absolute and in certain cases we may decline your request in whole or in part as permitted by law. If you are not a resident of one of these states listed above, you may still submit a request under this section but we will respond to it in our discretion.

We may deny a request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

6.2.1. Access, Correction and Deletion Rights

You may request a copy of the following: (1) the categories of personal information we collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the personal information; (4) the categories of third parties with whom we shared personal information, and the categories of personal information shared; and (5) the specific pieces of your personal information that we have collected, used, disclosed, or sold.
You may request that we (and our service providers) correct your personal information if it is inaccurate or delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in our Policy.

Before submitting any request, please note the following important information:

You may directly access much of your personal information if you have an account with us by logging in to the Services and reviewing your account information (e.g., contact information, profile). You may directly correct some of your personal information there as well.
If you are submitting a deletion request, your account will be permanently terminated and personal information on that account will be deleted to the extent required by applicable laws. Once your deletion request is processed, you may lose: (i) the ability to log into your Account; and (ii) access to any pre-paid features or services. To the extent we are able to link the information in your request to any marketing programs (e.g., email and text subscriptions), we will remove you from those programs, but depending on how you enrolled in those programs you may need to separately opt-out of them as described above. If your account is deleted, you will be able to open a new account in the future, but you will not be able to tie the new account to any past transactions or rewards program participation.

6.2.2. Opt-Out Rights

You have the right at any time to opt out of any: (i) selling or sharing of your personal information to a third party (excluding service providers or other exceptions permitted by law); (ii) third-party targeted advertising (i.e., cross-context behavioral advertising); (iii) impactful user profiling activities; and (iv) use of sensitive personal information (such as precise geo-location or financial information) except for the purposes it was collected and as otherwise expressly permitted by law. As described above, certain information associated with online activity may be shared with brands/services we partner with, advertising businesses and other third parties through third party targeting cookies or other similar means. You are entitled to opt-out of these and other activities (some of which are referred to as a “Do Not Sell” right).

6.2.3. Submitting a request

You may submit requests to exercise these rights by emailing us at contact@dbbeats.com or by calling us toll-free (+82-2-1551-4024).

If we implement third party targeting cookies on our Website/App, we will provide an ability to opt-out through a “Your Privacy Choices” link in the Website footer/App settings. Our Website will also endeavor to turn such cookies off automatically upon receiving an automated “Global Privacy Control” (GPC) signal from your browser, but note that GPC technology is not fully developed and it is not yet supported by all browsers. You may need to opt-out separately on each browser and device this way.

6.2.4. Verifying and Processing Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request (such as requiring you to sign into an account, if any, or by some other means). If you designate an authorized agent to submit a request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) we may require you to verify your own identity directly with us as described above.

If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific personal information that concern you. We will endeavor to provide a prompt response.

We may not, and will not, discriminate against anyone for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your personal information with our affiliates and service providers, and as otherwise directed by you, for the purposes described in this Privacy Policy.

6.3. Additional Disclosures

If we offer any rewards or financial incentives program for creating an account or otherwise providing personal information to us in connection with the Services, the details of that program will be disclosed to you. Such program offers and terms are subject to change from time to time. We do not generally assign monetary value to consumers’ personal information, and any promotions associated with the Services can change continually. To the extent privacy laws requires that a value be assigned to such programs, or to the price or service differences they involve, the discounts, exclusive pricing, and promotional offers made available in connection with the program will be reasonably related to the value provided to the Company by your personal information. In particular, the Company values the information collected and used under each program as being equal to the value of the discounts or other benefits provided in each such program, based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information: (i) the type of information collected in the program (e.g., email address), (ii) the use of such information by the Company in connection with its marketing activities, (iii) the range of discounts provided (which can depend on each individual’s purchases under such offers), (iv) the volume of individuals enrolled in the program, and (v) the eligible products and services for which the benefits (such as a discount) can apply. These variable factors continue to change over time. This description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.

6.4. California Residents

State Privacy Laws in California apply to all individuals (not just users of the Services), including job applicants, current and former employees, contractors and business partners. Due to the nature of these relationships, the collection and use of personal information can vary, but in general terms and in addition to all the disclosures above:

Job applicants may provide us with personal information as part of an employment application and review process that includes the applicant’s contact information, education and employment history, resume and cover letter. We do not use this information for any purpose other than to evaluate the individual for employment with us and manage our careers program. Job applicants may provide additional information for routine background checks to a third party provider of such services, under specific privacy terms and consents that will be provided at the time of collection.
Employees receive disclosures during and after onboarding that provides additional details regarding our employee privacy practices.
We collect contact information and other personal information reasonably necessary to engage and work with contractors and business partners in the course of a business relationship.

All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests as described above, by contacting us as directed below. Please provide sufficient information that we can identify you, and be aware that we may have a more extensive authentication process to verify your identity before responding to your request.

Under the California Shine the Light Act, you have the right to be provided with a description of any categories of information that we disclosed to third parties for their direct marketing purposes and to know the identity of those third parties, if any. To request such disclosure, please contact us as directed below.

If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove a submission you publicly posted on or in the Services, if any. To request removal of a submission, please contact us as directed below. Note that you may be delete your own submission directly through your account.

6.5. Information for Nevada residents.

Nevada residents have the right to opt-out of the sale of certain personal information for monetary consideration. While we do not currently engage in such sales, if you are a Nevada resident and would like to make a request to opt out of any potential future sales, please contact us as directed below.

7. Beta Tests and Clinical Trials

If you are using the Services in connection with a beta test or clinical trial, you may be subject to additional collection, use and disclosure of your personal information in connection with the Services that you affirmatively agreed to when joining the provided test/trial. Note that personal information subject to a clinical trial may be subject to specific federal laws and therefore exempt from privacy rights under the State Privacy Laws described above.

8. Third Party Websites and Services

This privacy policy applies solely to information collected by us via the Services. The Services may contain links to other web sites or services, including social media. Any information you provide to these third parties is subject to that third party’s privacy policy. We are not responsible for the privacy practices or the content of these other websites or services.

You may see us promoted by other businesses on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our brand may be displayed or promoted, and if you believe that we are featured in venues that are inappropriate or offensive, please contact us.

9. Technical and Administrative Safeguards for the Protection of Personal Information

The Company has prepared the following technical and administrative measures, which are designed to ensure safety so that personal information is not lost, stolen, leaked, altered or damaged in processing users' personal information. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

10. Children’s Privacy

Our Services are made available to users aged 16 years and older, and we do not knowingly collect any personal information from children under the age of 16. If you believe we collected personal information in a manner prohibited by law, please contact us as directed below so that we may comply with applicable legal requirements to delete such child’s information from our record.

11. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion. When we do, we will also revise the “last updated” date at the top of this Privacy Policy. If material changes are made to the privacy policy, we will notify you by placing a prominent notice on the Services or via email at the email address we have on file for you. We encourage you to periodically review this privacy policy to keep up to date on how we are handling your personal information.

12. Contact us

If you have any questions, concerns or opinions about this Privacy Policy, please contact , our privacy practices, or if you would like us to update information or preferences you provided to us, please contact us by mail to Sleepwave, 14, Magokjungang 8-ro, Seoul, Republic of Korea, 07801; by phone to: [+82-2-1551-4024]; or by via email at contact@dbbeats.com. The Company will endeavor to provide prompt and sufficient answers to all communications.