Ontogenetics Inc. (“Company” or “We” or “Us” and their connotations) operates a website (URL: https://sleepynest.com/) and a mobile application (together called “Platform”). Our Platform primarily acts as a self-contained program and software which works in connection with our products and services and integrates with the website to monitor data related to a baby, which includes baby sounds, cradle motion, time of the day, cradle state and maintenance data, etc. and relays this data to your personal devices. The data is anonymously transferred to and securely stored on our servers for up to 36 months after the smart cradle service has expired. Additionally, our Platform provides a gateway to rent and purchase our smart cradle and certain other products (hereinafter referred to as “Services”).
The User shall register their smart cradle on the Platform to avail the baby and cradle monitoring Services provided by the Company. While registering your smart cradle, You are required to provide Us with certain information about yourself and your baby.
All information collected by the Company is with the Users’ consent. The Company is however free to use, collect, and disclose information of the Users which is in the public domain.
When Users use, register our product, and/or make purchases on the Platform, the Users may provide the Company with certain information including personal information voluntarily, specific to the nature of the service being availed on the Platform, and/or certain information may be collected by the Company depending solely on the usage of the Platform.
The Users hereby consent to the collection of such information by the Company.
Information collected by the Company shall include but not be limited to the following:
- Name of the User(s) and name of the baby
- Contact Details (Permanent Address, Correspondence Address, Email ID, Mobile Number etc.)
- Date of Birth of the baby or expected due date of the mother
- Nationality, geolocation and time zone of the Users.
- Financial information (including billing information)
- Product Details (when You register our purchased product on our Platform)
- Use of smart cradle to monitor noise in the infant’s environment
- Data and information related to parties requesting information or to be contacted using our Contact Request form
- Data and information related to the User’s biometrics collected via a smart watch, fitness tracker, health monitor, or otherwise. for purposes of adjusting or customizing the operation of the smart cradle
- Data and information related to employment candidates, including their CVs.
Third parties may collect certain information by way of cookies, through our Platform. Such information may be collected, among other things, for the following purposes: (a) advertising; (b) marketing; (c) data analytics; and (d) online reputation management.
If the Company has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, the Company reserves the right to refuse provision of the Services to the User, at its sole discretion without incurring any liability to the User or any third-party.
USE OF THE INFORMATION COLLECTED:
We collect personal information only necessary for the following purposes:
- To create and maintain your account, including personalization to improve the user experience;
- To improve and enable you to avail of our Services, and ensure efficient customer care experience, increasing efficiency of existing features, and develop new features;
- To send surveys or marketing communications to inform you of new products or Services or other information that may be of interest;
- To improve support, marketing and promotional efforts, to analyze Platform usage, improve the Platform’s content, layout and Service offerings.
- To dispatch transaction-related communications such as welcome letters and billing reminders;
- To notify the necessary information related to the Platform and Services and your account on the Platform from time to time;
- To maintain records and provide you with an efficient, safe and customized experience while using the Platform;
- To analyze overall trends to help us improve the Platform and Services, including displaying detailed analytics to Users;
- Verify your identity and prevent fraud or other unauthorized or illegal activity;
- To comply with applicable laws, rules, and regulations;
- To transfer the data and the rights associated therewith to a third party as part of reorganization or a sale of the assets of any division of the Company or the entire Company itself;
DISCLOSURE OF THE INFORMATION COLLECTED:
- We may share your personal information with service providers, business partners, data analytics providers, and affiliates.
- If we are involved in major business transactions like merger, acquisition, financing due diligence, reorganization, bankruptcy, sale or purchase of assets, or transition of service to another provider, your information may be transferred as a part of such a transaction, as per applicable law and/or contract.
- We reserve the right to use or disclose your personal information in response to any statutory or legal requirements in order to protect our rights, the rights of our other Users, data processors and any other person or property.
- We will use or disclose your personal information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Platform’s other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
The security of personal information is important, and we have implemented reasonably sufficient means to protect the same. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and We cannot guarantee its absolute security. We have implemented best industry practices and security policies, rules, and technical measures to protect the data, including personal information that is under the Company’s control, from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the Users’ electronic devices through which the Users avail the Services, We shall not be held liable for any loss whatsoever incurred by the Users or any third-party.
Sharing of Personal Information
The Company may also share your personal information with third party service providers in relation to Services, such as parties involved in hosting and enabling the performance of our Services. Such third party services providers shall include but shall not be limited to the following:
- Google Analytics;
- Google Tag Manager;
- Woo Commerce;
- Amazon Pay;
- Shop pay; and
INTERNATIONAL DATA TRANSFERS:
All or any information processed by the Company may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States, the UK, or other countries, which may have different data protection laws from the laws in the country of your residence. We undertake to safeguard your information in accordance with the applicable laws.
In the event We transfer your personal information to countries outside the European Economic Area, we endeavor to put in place necessary safeguards to ensure that the said data transfer shall comply with the applicable laws and regulations. If you are a resident of the European Union and/or subject to the European General Data Protection Regulation (Regulation (EU) 2016/679), please reach out to us at our contact details below with the specifics of your request/s, and we will ensure that your data collected, stored, and/or used by us (if any) and their privacy are protected in accordance with the laws and regulations applicable in your jurisdiction. We would like to make sure that you are fully aware of your data protection rights, which may include the right to access, rectification, erasure, restriction or object to processing, data portability, etc. If you make a request under this section, we will endeavor to respond within one month.
THIRD PARTY DISCLAIMER:
Additionally, the Platform may allow for certain content generated by the User, which can be accessed by other Users. Such Users, including any moderators or administrators, are not authorized representatives or agents of the Company and their opinions or statements do not necessarily reflect those of the Company and We are not bound thereby to any contract to that effect. The Company expressly disclaims any liability arising out of any reliance on or misuse of such information that is made available by the Users.
RIGHTS OF THE USERS:
As a User, the Company grants complete control of the information submitted. The rights pertaining thereto are enumerated below:
- The right to access, update or delete the information We have on the User.
- The right of rectification. Users have the right to have their information rectified if such information is inaccurate or incomplete.
- The right to object and restrict. Users can object to and restrict the processing of their Personal Information. This may however, interfere with the provision of Services to its optimum.
- The right to withdraw consent. Users have the right to withdraw their consent at any time, where consent is given pertaining to Personal Information.
- The right to be informed. Users have the right to be informed about third parties with which their personal information has been shared.
These rights can be asserted by notifying us at [email protected].
NOTICE FOR CALIFORNIA RESIDENTS
This notice shall only apply to our processing of personal information that is subject to the CCPA. The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.
Response Timing: We are required to respond to any of your verifiable consumer requests to exercise these above rights within 45 days. Should We be unable to comply within 45 days, we will contact you and let you know whether We can complete your request or whether we need more time to complete your request with reason. Any disclosure we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.
Regarding information We sell or disclose to third parties, You have the right to opt out of such sale or disclosure at any time. You can exercise your right to opt out (or any other rights) by emailing us at [email protected].
SALES OF PERSONAL INFORMATION UNDER THE CCPA
The Company does not sell personal information, nor do We possess any actual knowledge of any sale of personal information of minors under 16 years of age.
ADDITIONAL PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS
- Non-Discrimination. It is the right of California residents not to receive any discriminatory treatment from Us for the exercise of their rights conferred by the CCPA.
- Authorized Agent. Only the Users, or someone legally authorized to act on behalf of the Users, may make a verifiable consumer request related to their personal information. Users may also make a verifiable consumer request on behalf of their minor children. To designate an authorized agent, please contact Us at [email protected] and provide written authorization signed by the User and his/her designated agent.
- Verification. To protect Users’ privacy, We will undertake the following steps to verify Users’ identity before fulfilling their request. When You make a request, We will ask you to provide sufficient information that allows Us to reasonably verify that You are the person about whom we collected personal information or an authorized representative, which may include asking You for additional proof of identity and asking questions regarding your account and use of our Services.
- California “Shine the Light” law. California’s “Shine the Light” law (California Civil Code Section 1798.83) permits Users of our Services that are California residents to request a list of third parties to whom We have any personal information belonging to any of our Users, for their marketing purposes. To make such a request, please contact Us at [email protected].
- Do not track. As per California law, CalOPPA (California Business & Professions Code Section 22575(a)), it is required for Us to let You know how We respond to web browser Do Not Track (“DNT”) signals. DNT is a privacy preference that Users may set in their web browsers. Please acknowledge that we do not respond to such DNT requests at this time.