Last Updated: 16/6/2017

1. INTRODUCTION

At DreamJay, we are committed to respecting and protecting your privacy.

This Privacy Policy describes how we may collect, use and share information about you that we obtain through your use of our Nightly mobile application (the “App” or “Nightly”), and the choices available to you regarding such collection and use.

Please read this Privacy Policy before you use our App. By using our App you are accepting and consenting to the practices described in this Privacy Policy. If, for any reason, you do not agree to the terms of this Privacy Policy, please stop using our App immediately.  Should the Privacy Policy be revised, DreamJay will post the changes on the App which will be effective immediately upon posting. Any material changes in the manner that we use personally identifiable information will apply only to information collected thereafter, unless we provide you with notice or obtain your consent in accordance with applicable law. You can determine when the Privacy Policy was last updated by referring to the “Last Updated” legend at the top of this page.

This Privacy Policy together with the Terms of Service govern your use of the App and DreamJay’s collection and use of your information.

Please review the sections below to learn more about our Privacy Policy:

  1. INTRODUCTION
  2. WHO WE ARE
  3. TYPES OF INFORMATION WE COLLECT
  4. HOW YOUR INFORMATION IS USED
  5. HOW YOUR INFORMATION IS SHARED
  6. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
  7. COMMUNICATIONS WITH YOU
  8. UPDATING YOUR INFORMATION
  9. HOW YOUR INFORMATION IS PROTECTED
  10. CHILDREN’S PRIVACY
  11. EXTERNAL LINKS
  12. GEOGRAPHIC LOCATIONS
  13. CONTACT INFORMATION

2. WHO WE ARE

As used in this Privacy Policy, the terms “DreamJay” and “we”, “us” and “our” refer to DreamJay Inc. and its affiliates, which may include our vendors, contractors, and agents, unless otherwise stated in this Privacy Policy.

3. TYPES OF INFORMATION WE COLLECT

We use and share information only as described in this Privacy Policy. We collect “Personal Information”, which is non-public information about you that helps DreamJay identify you and refers to your name or contact information, or other information that is maintained in a manner that links the information to your name or contact information.  This information may include, without limitation, first and last name, birth date, e-mail address, home address, telephone number, and payment method information.

  • We collect Personal Information you provide directly to us through Nightly, including when you sign up and create an account and when you answer initial questions via Nightly. When registering your account you provide us with Personal Information such as your name, e-mail address, phone number, and social media usernames that may personally identify you. When you use the App, the App collects information about your sleep patterns and other information that you may record in the App, including movement and sound data when the App is in the [“Sleep now” mode]. This data is collected by the accelerometer built into your phone.
  • If you send us an e-mail, fill out a feedback form, call us, chat with us or communicate with us in any other way, we collect Personal Information to respond to your request, feedback, or question.
  • Our App allows you to interact with us on various third party social media platforms such as Facebook, Twitter, or other plug-ins. When you choose to interact with us via social media platforms, we may collect additional Personal Information about you.

We also collect non-personally identifiable information about you.  “Non-Personal Information” is information that does not personally identify you, such as information that is aggregated, or information that is not linked to contact information or other Personal Information.

  • Non-Personal Information is information about the device(s) you use to access the App, for example MAC address, IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers.

We may de-identify or aggregate Personal Information to create Non-Personal Information.  We may combine certain information about your use of Nightly with similar information that we obtain from other users for use in an aggregate or anonymous manner.

We will treat as Personal Information any Non-Personal Information that is combined with Personal Information.

We may also use automated technologies to collect tracking information on your mobile device or your browser. These technologies include:

  • A cookie is a small file placed on your computer or mobile device when you visit a website. We may use cookies and similar technologies to support the functionality of Nightly. This provides a better experience when you use Nightly and allows us to improve Nightly. It may be possible to refuse to accept cookies or mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our App.

You may adjusting the settings on your device or browser to be notified when you receive certain types of cookies or to restrict or disable certain types of cookies. Please note that disabling these features may render some or all functions of Nightly unavailable.

4. HOW YOUR INFORMATION IS USED

We may use information that you provide to us, including but not limited to any Personal Information to, among other things:

  • Provide you with information about the condition of your sleep;
  • Perform any data analysis necessary to perform or improve our Services provided through the App (“Services”), including analysis of the movement by the App;
  • Manage your access to our App;
  • Send you information about the App or our Services and respond to your communications;
  • Notify you when an update of the App is available;
  • Recognize you when you use our App;
  • Comply with applicable laws and regulations and other legal requirements;
  • Enforce the Terms of Service; and
  • For fraud prevention, security, internal operations, and similar purposes.

5. HOW YOUR INFORMATION IS SHARED

DreamJay may disclose the Personal Information it collects about you: (i) to suppliers, vendors, service providers, payment processors, and others who help DreamJay provide services to you, such as outsourcing one or more of the functions described in this Privacy Policy; (ii) to third parties to update information provided by you or provide analytics concerning use, performance or improvement of the App or Services; (iii) to third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of DreamJay’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (iv) as otherwise authorized by you.  DreamJay will not share the Personal Information it collects about you with third parties for their direct marketing purposes.

We also may share your Personal Information in response to a subpoena, legal order or official request; when we believe you have acted in violation of the Terms of Use; to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats; or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety or reputation of DreamJay or others, or as otherwise permitted or required by law.

We also may use and share Non-Personal Information with third parties in our discretion. Additionally, we may take Personal Information and de-identify or aggregate it and share it in a de-identified or aggregated form with third parties. If we do so, we will ask our contracting parties to agree to keep the data in its de-identified form.

The App may contain plugins for social media websites such as Facebook, Twitter, or similar sites. We recommend reviewing the privacy policies that apply to these plugins, prior to clicking on such plugins.

6. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS

DreamJay does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, DreamJay reserves the right to do so in the future.

7. COMMUNICATIONS WITH YOU

You authorize DreamJay to post information about your sleep to your designated mobile device, to send you text messages or push notifications, and to transmit e-mail or postal mail to you or to telephone you. Unsubscribe instructions are included in each promotional e-mail from DreamJay. Please note that unsubscribe requests for promotional e-mails may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with DreamJay or technical information about the App or our Services. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

8. UPDATING YOUR INFORMATION

You are responsible for keeping your information current. You may update your information by contacting us at support@dreamjay.com.  We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to our internal reporting, processing and retention policies and all applicable legal obligations.

9. HOW YOUR INFORMATION IS PROTECTED

The security of your information is important to us. We have implemented reasonable measures designed to protect your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. No transmission of data over the internet is guaranteed to be secure. It may be possible for third parties not under the control of DreamJay to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, neither DreamJay nor our service providers can ensure or warrant the security of any information transmitted over the internet. Any such transmission is at your own risk.

10. CHILDREN’S PRIVACY

Nightly is not intended for and is not directed toward children. Nightly is directed to persons at least 18 years and we do not knowingly collect information from anyone under the age of 18. If you are under 18 years of age, you are not permitted to submit any Personal Information to us. If you believe we might have any information from or about a child, please contact us at support@dreamjay.com.

11. EXTERNAL LINKS

Nightly may include links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for such privacy policies. Please check the privacy policies applicable to any other website before you submit any personal information to such other website.

12. GEOGRAPHIC LOCATIONS

Nightly is designed for users located in the United States. Nightly is operated from the United States and is subject to the laws of the United States including requirements to disclose information to government authorities, courts and law enforcement agencies. If you are located anywhere outside of the United States, please be aware that information we collect, including Personal Information, may be transferred to, processed and stored in the United States. By using Nightly, or by providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

Each time you access or use the App, you signify your acceptance of the then-current Privacy Policy applying to your personal information collected by us on and from the effective date of such changes to the extent required by law.

Any changes in the Privacy Policy will take effect upon posting.  If we make any material changes to this Privacy Policy, we will provide you with notice or have other communications with you in the manner and to the extent required by law.

13. CONTACT INFORMATION

Questions, comments, requests and other communications regarding this Privacy Policy are welcomed and should be addressed to:

DreamJay Inc.
77 Van Ness Ave Ste 101
San Francisco, CA 94102
E-mail: support@dreamjay.com