Privacy Policy - SOVN

Privacy Policy

Last updated: 13 February 2023

About

At SOVN, (“SOVN, “Jawsaver”, “we”, “us”, “our”), we take your privacy and data protection seriously.

Below we describe the privacy practices for our devices, applications, software, APIs, products, websites, social media channels and services (collectively, the “Services”) for the benefit of our users (“Users”, “you”, “your”).

This Privacy Policy aims to answer the following questions:

Please note that this privacy policy only applies to the processing of personal data carried out by SOVN as a data controller. Also note that certain measurement data collected via our Services may be regarded as health-related data under data protection laws in certain jurisdictions.

We reserve the right to update this Policy from time to time at our sole discretion, but if we do, we’ll let you know about any material changes either by notifying you on the website or by sending you an email or push notification. You can determine when this Privacy Policy was last revised by referring to the “LAST UPDATED” date at the top of this page. If you keep using our Services after a change, your continued use means that you accept any such changes.

1. OUR CONTACT INFORMATION

Jawsaver B.V.
KVK-nummer: 861913504
Padualaan 8, 3584CH Utrecht, Netherlands
Website: https://www.getsovn.com

2. PERSONAL DATA WE PROCESS

In most cases, we collect personal data directly from you, such as when you register for an account, tag your data in the app, or use the SOVN device. To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information on the mobile app, like your bedtime routine, your teeth grinding history and other information related to your sleep and health. We may also process data that is produced from the information you provide to us. We may also rely on trusted third party processors to collect data on our behalf, such as our payment processor and advertising partners.

We processes the following personal data categories through our Services:

Please note that some of the personal data we process, including any data concerning your health, is considered special or sensitive personal data. Under applicable law, such data is processed only if you have given your consent for processing.

We collect two types of data when you use our website and online store: Customer data and Analytics data. Please note that we do not use the personal data generated by your use of our mobile app and/or devices for the purposes of running our website and online store, and vice versa.

Although we do not normally use Analytics data to identify individuals, sometimes individuals can be recognized from it, either alone or when combined or linked with Customer data. In such situations, Analytics data shall also be considered to be personal data under applicable laws and we will treat the combined data as personal data.

We may collect and process the following Customer data when you use our website and online store:

Analytics data may include for example the following data:

3. DATA SOURCES

Some of the data are received directly from you when you register an account with us or when you complete a purchase in our online store. We may also receive data directly from you when you contact us with a question or complaint via e-mail, the contact form on our website, or social media channels.

Measurement Data are collected & Technical/Usage-related Data regarding the sensor are collected automatically when the device is on. Data is also produced by combining the data listed above and by calculating collected teeth grinding, measurement and your sleep data.

Analytics data is automatically collected when you visit the site. We may also track transactions data as well as details of your browsing patterns on the site.

4. PURPOSES & LEGITIMATE GROUNDS FOR PROCESSING OF PERSONAL DATA

Purposes of processing

To provide you the service
We process personal data in the first place to be able to offer our services to our Users in accordance with their user contract.

For communication
We may process personal data for the purpose of communicating with Users. If you contact our support with questions regarding your app data, we will use the provided information to answer your questions and for solving any issues you may have.

For analytics and service improvements
We may process aggregated information regarding the use of our Services to improve our offering. When possible, we will do this using only aggregated, non-personally identifiable data.

Processing and delivering your orders
We process personal data in the first place to process, handle and send your orders and to facilitate your shopping.

Direct Marketing
With your consent we may send you marketing material, such as newsletters or offers.

Legal grounds for processing
We process personal and health data to perform our contractual obligations towards User or to facilitate their entry into a contract at their request, which is formed when User creates an account and accepts our terms and conditions. We may also process certain information to comply with legal obligations, such as accounting or consumer protection legislation.

Furthermore, we process personal data to pursue our legitimate interest to run, maintain and develop our business, for analytics and trend detection, direct marketing and to create and maintain customer relationships. We may also process data for responding to consumer claims, cases regarding product warranty and similar situations. When choosing to use your data on the basis of our legitimate interests, we carefully weigh our own interests against your right to privacy.

Please note that inserting health data to your profile is considered an explicit consent for us to process your data.

Measurement data or any data derived from measurement data used for advertising are subject to your explicit consent.

5. COOKIES AND ANALYTICS

We use cookies and various other technologies to collect and store Analytics data and other information when Customers use our site as well as for personalization and advertising purposes.

Cookies

The cookies we use include both first party and third-party cookies.

Cookies are small text files sent and saved on your device that allows us to identify visitors of our websites and facilitate the use of our site and to create aggregate information of our visitors. This helps us to improve our service and better serve our Customers. Cookies will not harm your device or files. We use cookies to tailor our site and the information we provide in accordance with the individual interests of our Customers. Cookies are also used for tracking your browsing habits and for targeting and optimizing advertising, both on our site as well as on other sites you may visit.

We also use cookies for integrating our social media accounts on our website.

You may choose to set your web browser to refuse cookies, or to alert when cookies are being sent. Please note that some parts of our site may not function properly if use of cookies is refused.

For more information about how we use cookies and how it impacts you, please review our Cookie Policy.

Web analytics services and other online tools

We use web analytics services to compile data and reports on visitor usage and to help us to improve the Services and offer targeted content.

We use several third-party software for interactive content and forms. By submitting your information through our website and app, you acknowledge that the information you provide will be transferred to these third party services for processing in accordance with their privacy policy and terms. In general, we will ensure that their privacy policy are in line with our own privacy policy.

6. DATA TRANSFERS TO COUNTRIES OUTSIDE THE EEA

We stores your personal data primarily within the European Economic Area (EEA).

However, we have service providers in several geographical locations. As such, we or our service providers may transfer personal data to, or access it in, jurisdictions outside the European Economic Area or the Customer’s domicile. In the events where we do transfer personal data to or access it in jurisdictions outside the European Economic Area or your domicile, we will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which it is processed.

We provide adequate protection for the transfers of personal data to countries outside of the European Economic Area through a series of agreements with our service providers based on the  Standard Contractual Clauses or other similar arrangements.

7. SHARING YOUR PERSONAL DATA

We do not share personal data with third parties outside of our organization unless one of the following circumstances applies:

It is necessary for the purposes set out in this Privacy Policy
To the extent that third parties need access to personal data to enable the offering of our Services, we have taken appropriate contractual and organizational measures to ensure that your personal data is processed exclusively for the purposes specified in this Privacy Policy and in accordance with all applicable laws and regulations.

For legal reasons
We may share personal data with third parties if we have a good-faith belief that access to and use of the personal data is reasonably necessary to: (i) meet any applicable law, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, security or technical issues; and/or (iii) protect your and our interests & safety in accordance with the law. Where possible, we will inform you about such transfer and processing.

To our authorized service providers
We may share personal data to authorized service providers who perform services for us (including data storage, sales, marketing and other support function services). Our agreements with our service providers include commitments that the service providers agree to limit their use of personal data and to comply with privacy and security standards at least as stringent as the terms of this Privacy Policy. Please bear in mind that if you provide personal data directly to a third party, such as through a link on our website, the processing is typically based on their policies and standards.

For other legitimate reasons
If we become involved in a merger, acquisition or asset sale, we may transfer personal data to the third party involved. However, we will continue to ensure the confidentiality of all personal data. We will give notice to all Users concerned when the personal data are transferred or become subject to a different privacy policy as soon as reasonably possible.

With your explicit consent
We may share personal data with third parties for other reasons than the ones mentioned before only when we have your explicit consent to do so. You have the right to withdraw this consent at all times.

To other data controllers
In certain cases, we may also process and transfer your personal data to our third-party partners with whom you have an existing contractual relationship with, if such transfer is necessary for providing you with certain benefits or to ensure the full performance of our products and services. For example, if you purchase our products in connection to a bonus scheme campaign or in connection to another service provided by our third-party partner, we may provide such partners with the personal data necessary for them to acknowledge and calculate your accrued bonus or to provide you with the service involving the use of our products. Please note that such partners shall process your personal data as independent data controllers in accordance with their own privacy policies.

8. ANONYMIZED / DE-IDENTIFIED DATA

We may aggregate and/or anonymize data collected via our Services. Such data will be anonymous and cannot be connected to an individual User, therefore no longer qualifying as personal data. We may use this type of anonymous data for analytics, statistics, research & development, communications and PR purposes as well as for trend detection and for benchmark data.

9. HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?

We do not store personal data longer than is legally permitted and necessary for the purposes specified above. The storage period generally depends on the nature of the information and the purposes of processing. The maximum period may therefore vary per use.

Storage periods reflect the time frames we may need data for accounting, claims handling, internal reporting or reconciliation purposes.

Backups are deleted as soon as reasonably possible, typically within 6 months.

10. YOUR RIGHTS

Right to access

You have the right to access your personal data processed by us. You may contact us and we will inform you what personal data we have collected and processed.

Right to withdraw consent

In case the processing is based on your consent, you may withdraw the consent at any time. Withdrawing a consent may lead to fewer possibilities to use our Services. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Right to correct

Users have the right to have incorrect or incomplete personal data we have stored about the User corrected or completed. You can correct or update some of your personal data through your user account in the Service.

Right to erasure

Users may also ask us to erase the User’s personal data from our systems. We will comply with such request unless we have a legitimate ground to not delete the data.

Right to object

Users may object to the processing of personal data if such data are processed for other purposes than purposes necessary for the provision of our Service to the User or for compliance with a legal obligation. In case we do not have legitimate grounds to continue processing such personal data, we shall no longer process the personal data after your objection.

Right to restriction of processing

Users may request us to restrict processing of personal data for example when your data erasure, rectification or objection requests are pending and/or when we do not have legitimate grounds to process your data. This may however lead to fewer possibilities to use our Service.

Right to data portability

Users have the right to receive their personal data from us in a structured and commonly used format and to independently transmit those data to a third party.

How to use the rights

The above-mentioned rights may be used by sending a letter or a secured e-mail to us on the addresses set out above, including the following information: the full name, company name, address, e-mail address and a phone number. We may request the provision of additional information necessary to confirm the identity of the User. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.

11. DIRECT MARKETING & PUSH NOTIFICATIONS

Notwithstanding any consent granted beforehand for the purposes of direct marketing, you have the right to prohibit us from using your personal data for direct marketing purposes by contacting us or by using the unsubscribe possibility offered in connection with our newsletter or other communication.

We will ask your explicit consent if we wish to send you push notifications or to use any health-related data for marketing purposes.

12. DATA OF CHILDREN

We do not knowingly process data of children under the age of 18.

Please note that according to our terms and conditions we reserve the right to delete accounts of children, in particular if no proof of parental consent is provided.

13. SAFEGUARDING YOUR PERSONAL DATA

We do our best to keep your data safe and secure. We use administrative, organizational, technical, and physical safeguards to protect the personal data we collect and process. Measures may include, for example, where appropriate, encryption, anonymization and access right systems. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, availability, resilience and ability restore the data. We regularly test our Services, systems, and other assets for security vulnerabilities.

We will take all reasonable precautions to ensure that our staff and employees who have been specifically granted access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under applicable legislation.

Should a security breach occur that is likely to have negative effects to your privacy, we will inform you and relevant authorities as required by applicable data protection laws.

14. LODGING A COMPLAINT

In case you consider our processing of personal data to be inconsistent with the applicable data protection laws, a complaint may be lodged with the data protection supervisory authority.

©2022 Jawsaver BV. All Rights Reserved.

SOVN is not a medical device. It is not intended to diagnose, treat, or cure any medical conditions. The device is intended only to help users manage their teeth grinding & clenching behavior. Since we are still in testing phase, actual product may vary from images on the website.