Privacy policy

1. PREFACE

At Dayzz Ltd. ("Dayzz", the “Company, "We"’ “Our” and "Us") user information is always kept private and secure. Dayzz provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, stored, disclosure and other related matters of personal and non-personal information we receive from users using our mobile app and/or website and/or webpages (hereinafter: “App”) with respect to feeds, features, content, application program interfaces, application for third-party web sites and services, and any other web or mobile services or applications owned, controlled or offered by Dayzz with respect to customize a personal sleeping plan for the user (collectively with the site: the “Service").

We will not share your personal information with anyone, except as described in this Privacy Policy.

All individuals whose responsibilities include the processing of any information relating to an identified or identifiable natural person (“Personal Information”) on behalf of Dayzz are expected to protect that data by adherence to this Privacy Policy. However, this Privacy Policy does not apply to information we collect by offline sources.

We will only collect and process Personal Information about you where we have a lawful basis. Lawful bases include consent (where you have given consent), contract, where processing is necessary for the performance of a contract with you (e.g. to deliver the Service you have requested) and a “legitimate interests”. Accordingly, we process your Personal Information only for specific and limited purposes for providing of the Service.

We expect users to use the Service strictly for harmless and legal uses.

This Privacy Policy is incorporated by reference into our Terms of Use. So, please make sure that you have read and understand our Terms of Service at https://www.dayzz.com/terms-of-use/.

2. WHAT INFORMATION WE COLLECT

There are two basic categories of information we collect: (i) information you choose to give us; and (ii) information we get when you use our App or receive the Service.

The following is a more detailed explanations on each of these categories:

• Personal Information You Provide to Us

We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, email address and/or phone number, birthday, Google and/or Twitter and/or Facebook usernames, use information regarding your use of our Service, and browser/mobile-device information. We may also draw upon this Personal Information in order to adapt the Services to your needs, to research the effectiveness of our network and Services, and to develop new tools.

• Information Collected Automatically
• Log File Information. When you use the Service, including if you register with or view our site, We automatically receive and record log file information on our server logs from your browser/mobile-device, including IP address, cookie information, location data (if allowed by the user) and the pages you visited. We treat this data as non-Personal Information, except where we are required to do otherwise under applicable law.
• Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Dayzz cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your email address and/or phone number is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways.
• Information from other websites. We may institute programs with advertising partners and other websites in which they share information with us: (1) we may ask advertisers to tell us how our users responded to the ads we showed them (and for comparison purposes, how other users who didn't see the ads acted on their site). This data sharing, commonly known as "conversion tracking" helps us measure our advertising effectiveness and improve the quality of the advertisements you see. (2)  We may receive information about whether or not you've seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads. If we receive from the advertiser information we don’t already have, we will "anonymize" it after 180 days, meaning we will stop associating that information with any particular user.
• Activity Data - Data such as location, mobile activity, sleep and heart-rate as provided through devices such as your mobile phone, smartwatch or activity trackers. This data will only be collected if you have given us proper access to relevant resources (e.g. device location permission, wearable connection permission, etc.).

3. HOW WE USE YOUR INFORMATION

We provide you with the Service through our App, and also provide you with features that we improve. Here are the ways we do that:

• Develop, operate, improve, deliver, maintain, and protect our products and services.
• Send you communications, including by email and/or phone add App notifications. For example, we may use email to respond to support inquiries or to share information about our products, services, and promotional offers that we think may interest you.
• Monitor and analyze trends and usage.
• Personalize your services.
• Enhance the safety and security of our products and services.
• Verify user's valid profile and prevent fraud or other unauthorized or illegal activity.
• Use information we’ve collected from cookies and other technology to enhance our services and your experience with them.
• Enforce our Terms of Use and other usage policies.

Moreover, by providing Dayzz your e-mail address, you consent and agree to our using the e-mail address to send you notifications, service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your e-mail address to send you other messages, such as newsletters, changes to features of the Service or to the Terms of Use/Privacy Policy, invitations to events and special offers.

Specifically, and without derogating from the above list, we use cookies and log file information to:

1. Remember information so that you will not have to re-enter it during your visit or the next time you visit the site.
2. Provide custom, personalized content and information.
3. Monitor the effectiveness of our Service.
4. Monitor aggregate metrics such as total number of visitors and traffic.
5. Diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses.
6. Help you efficiently access your information after you sign in.

We retain your Personal Information that is strictly necessary for the functioning of the Service for as long as needed to provide you with our Service and for an additional period of 7 years from the end of the Service in case we need to resolve any dispute before the competent courts and authorities, unless we are required by law to delete it or if we accept your request to delete the information.

4. HOW WE SHARE YOUR INFORMATION

Except as otherwise described in this Privacy Policy, Dayzz will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to:

1. Conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities.
2. To enforce our Terms of Use, take precautions against liability or to protect the security or integrity of our service.
3. To investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies and to comply with requestes made by competent courts and/or regulatory authorities.
4. To exercise or protect the rights, property, or personal safety of Dayzz, our Users or others.
5. We may respect requests to disclose information from jurisdictions outside Israel, if we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with the generally accepted international standards.
6. If we have a good faith belief it is needed to prevent fraud or other illegal activity or to prevent imminent bodily harm.
7. In the course of a corporate restructure, divestitures, mergers, or dissolution.

Sharing Your Personally Identifiable Information:

• In addition, Dayzz may share your personally identifiable information with third parties solely for the purpose of providing services to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy or similar standard. We may store personal information in locations outside the direct control of Dayzz (for instance, on servers or databases co-located with hosting providers).
• We use third party service providers and consultants to facilitate or outsource one or more aspects of our business and therefore we provide some of your Personal Information directly to such service providers and consultants working on our behalf. They are subject to contractual confidentiality and data protection obligations with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific Dayzz-related operations. We maintain contractual commitments from them to protect your Personal Information and to ensure compliance with applicable data protection laws.
• We share your Personal Information with hosting companies (like Amazon), with CRM companies (like Salesforce or HubSpot), and with companies for ETL-data processing and queue management purposes. Some of these recipients are in the EU, the US or Israel. We will obtain contractual commitments from them to protect your Personal Information. Some of these assurances are well recognized certification schemes like the EU–US Privacy Shield for the protection of Personal Information transferred from within the EU to the United States.
• To collect information about use of the Services, Analytics Systems (such as Google Analytics, Google Firebase, etc.) are used to collect information such as how often Visitors visit the Website/Service, what pages they visit when they do so, and what other sites they used prior to coming to the Dayzz Website/Service. We use the information we get from Analytics Services to maintain and improve the App and our Service. Analytics Services’ providers ability to use and share information collected by Analytics Systems about your visits to and use of the App and/or Services is restricted by the Respective Analytics Systems’ Providers’ Terms of Services and the Privacy Policy which can be obtained by contacting Us at admin@dayzz.com.
• We may use a reputable third party to present or serve advertisements that you may see on the Website. These third-party ad servers may use cookies, clear gifs or similar technologies to help present such advertisements and to help track, measure and research the advertisements’ performance and effectiveness. Furthermore, we may enable trusted data partners to collect non-Personal Information, by deploying certain collection technologies within the App, including, but not limited to, for purposes such as statistics aggregation, to improve the App or to improve the Services. The use of these technologies by these third-party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Dayzz does not share your personally identifiable information with other, third-party companies, for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature.

A note to our EdenSleep/ResMed users: In addition to the above, we note that we will never share your Personal Information with any third party. However, for purposes of your personal sleep training plan only and subject to your informed consent, we will share your sleep data with the EdenSleep/ResMed team. We will ensure compliance with applicable data protection laws by the recipient.  Data sharing with EdenSleep/ResMed will be subject to the EdenSleep Privacy Policy located at https://www.edensleep.co.nz/privacy-notice.

Non-personally identifiable information

• We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Dayzz services.
• In an ongoing effort to better understand and serve the users of the Service, Dayzz often monitors and conducts research on its user’s demographics, interests and behavior based on personally identifiable information and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as Non Personally identifiable information under this Privacy Policy.
• We analyze your use of the App with third party software that allows us to monitor and record visitors’ navigation and usage activities, in order to better customize and improve our App, Services and other products. Tracking of IP addresses also assists in keeping within compliance of US export regulations in relationship to restricted use in certain geo-locations.

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties to which we may disclose information as set forth in this Privacy Policy.

5. HOW WE PROTECT YOUR INFORMATION

Dayzz uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Dayzz and you do so at your own risk. Once we receive your transmission of information, Dayzz makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, logical, technical, or managerial safeguards.

Please Note that, you need to protect against unauthorized access to your passwords and to your computers or mobile phones by signing off once you have finished using a shared device. We recommend that you do not disclose your passwords to any third parties. If you choose to share your ID and password or your Personal Information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party’s Privacy Policy. If you lose control of your passwords, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf such as if someone used your user and ID passwords to forward libelous material through the Services. Therefore, if your passwords have been compromised for any reason, you should immediately change them.

6. USERS UNDER THE AGE OF 18

Our Services are not intended for use by children. If you are under the age of 18, you may not use Dayzz’s Services. We do not knowingly collect any information or data on minors and if we discover that any data collected relates to a minor we will delete this data at the earliest opportunity possible.

7. LINKS TO OTHER WEBSITES

We are not responsible for the practices employed by websites linked to or from our Service, nor the information or content contained therein. Please remember that when you use a link that leads from our Service to another website, our Privacy Policy is no longer in effect. Your use of any other website, apps, services Etc. including those that have a link on our Service, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

8. OPTING OUT

You may choose not to receive future promotional, advertising, or other Service-related emails and/or phone messages from us by selecting an unsubscribe link at the bottom of marketing emails that we send. You may also send an email to info@dayzz.com requesting to opt out of specific communications. If you choose to opt out via this method, specify which types of communications to which you are requesting to opt out (i.e. emails). Please note that even if you opt out of receiving the foregoing emails, we will still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the App and/or Service. Also note that if you use a new computer, upgrade or change web browsers or take any action which results in the deletion of the “opt out” cookie, you will need to perform this opt-out process again upon any such change.

9. CONSENT TO INTERNATIONAL DATA TRANSFERS

The server on which the Service is currently hosted is in United States and mainly accessed worldwide. Note that the Service may be processed outside the country from which you access them and may be outside your country of residence. Some of the uses and disclosures mentioned in this Privacy Policy may involve the transfer of your information to various countries around the world that may have different levels of privacy protection than your country. We will take all reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy.

Please take note that by using Dayzz you agree to have your Personal Information transferred to, collected and processed in Ireland and abroad.

10. YOUR GDPR RIGHTS – TO OUR USERS FROM EUROPE

The following rights (which may be subject to certain exemptions or derogations), shall apply in addition to the above to users of the Service who are residents of Europe and protected by the EU 679/2016 Genral Data Protection Regulations (GDPR):

1. You have a right to access information held about you. Your right of access is normally being exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
2. You have the right to revise your Personal Information by editing your Account details, or request that we amend any Personal Information we hold that it is inaccurate or misleading.
3. You have the right to request the erasure of the Personal Information that relates to you. Please note that there may be circumstances in which we are required to retain your data, for example for the establishment, exercise or defense of legal claims;
4. You have the right to object to or to request restriction of the processing. However, there may be circumstances in which we are legally entitled to refuse your request;
5. You have the right to object to profiling;
6. You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority.
7. You have the right to withdraw your consent. dayzz will comply with your request to withdraw your consent unless it contradicts with a circumstance in which we are obligated to continue processing your data, such as if the processing is required to meet our legal and regulatory obligations.
8. You also have a right to request details of the basis on which your Personal Information is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

You can exercise your rights by contacting us at info@dayzz.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request.  When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality owed to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

11. ENFORCEMENT

We regularly review our compliance with this Privacy Policy. We will disclose any security breach that has affected Personal Information within 24 hours. The information will be announced on our website: https://www.dayzz.com. Please let us know of any questions or concerns you may have regarding this Privacy Policy or our compliance with this Privacy Policy by contacting our Privacy Officer at the email address and/or phone number in the Contact Information section. When we receive formal written complaints, it is our policy to contact that complaining user regarding his/her concerns. We will cooperate with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Personal Information that cannot be resolved between the Company and an individual or entity.

12. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time. We will notify of any changes to this Privacy Policy by posting the new Privacy Policy on our website. In case there is a substantial change in the Privacy Policy, the change will not come into effect in the 7 days following its publication, during which you can reject the change by closing your account and discontinuing any use of the service. You are advised to consult this Privacy Policy regularly for any changes and / or updates.  All the terms and conditions set forth in our Terms of Use apply to this Privacy Policy and you are advised to consult them.

13. QUESTIONS OR CONCERNS?

If you have any questions or concerns regarding Privacy and/or using the Service, please contact our Data Protection Officer at info@dayzz.com

Last updated 10 May, 2020