Privacy Policy

Last updated:  August 17, 2020

Table of Contents

1. About This Privacy Policy
2. What Is Personal Information?
3. Personal Information We Collect And How We Collect It
4. How We Use Personal Information
5. How We Share Personal Information
6. Your Rights and Choices
7. California Residents
8. Data Subjects In The European Economic Area And Elsewhere Outside The United States
9. “Do Not Track” Signals
10. Data Security
11. Links To Third Party Sites
12. Children’s Privacy
13. Changes To This Policy
14. Contact Us

About This Privacy Policy

Somnera, Inc. (“Somnera”, “we” or “us”) takes privacy seriously and is committed to honoring yours.  This Policy describes how we collect, use and share Personal Information in connection with operating the SOMNERA website.  It also describes related rights and choices you may have.  By using the Somnera Website, you consent to the practices described in this Policy unless further consent is required under applicable law.

What Is Personal Information?

When we say “Personal Information,” we mean “personal information” or “personal data” as defined in privacy or data protection laws that may apply to you.  Generally speaking, your Personal Information includes your unique identifiers (full name, phone number, driver’s license number, email address, etc.) and information about your characteristics, conditions or behavior that is associated within one of your identifiers or could otherwise reasonably be linked to you. 

Non-Personal Information, on the other hand, has been de-identified, aggregated or anonymized so that it cannot reasonably be linked to a particular individual.

Personal Information We Collect And How We Collect It

When you open an account or use the Somnera Website, the Personal Information we collect may include your:

  • Account Information, which includes first and last name, and email address.  You must provide Account Information in order to contact us to request information so that we can get back to you.
  • User Feedback, such as your communications with us about your experience with the website or the content of any inquiries you make through the website.  You are not required to provide any User Feedback.

How We Use Personal Information

We use those categories of Personal Information for the following purposes, subject to any legal restrictions that may apply in your area:

  • to maintain, analyze and improve functionality of the Airbox system and Somnera Website
  • to maintain user accounts
  • to deliver Sleep Data and related analysis to users and their doctor, treating clinician or patient services provider
  • to prevent fraud and enforce our terms of service
  • to respond to inquiries
  • to communicate with you about special offers or other services you may be interested in
  • to analyze performance of our marketing efforts
  • to protect our legal rights, comply with our legal obligations, or comply with regulatory or legal demands for documents and information

We may use Non-Personal Information, such as aggregated or anonymized Airbox Information, Sleep Data or User Feedback, for any purpose.

How We Share Personal Information

Vendors.  We may share your Personal Information with vendors that perform services on our behalf, such as hosting data in the cloud, analyzing data, IT and database maintenance, and providing customer service.  Where necessary and appropriate, our agreements with vendors prohibit them from retaining, using, disclosing or otherwise processing the Personal Information we share with them for any purpose other than providing services to us.
Mandatory Disclosures and Legal Proceedings.  We may have a legal obligation to disclose Personal Information to government authorities or other third parties pursuant to a valid regulatory request, subpoena or court order.  We may also need to disclose and otherwise process your Personal Information in accordance with applicable law to prevent physical harm or financial loss, protect the vital interests of a person, enforce our various policies or terms of use, protect our property, services and legal rights, prevent fraud, support auditing, compliance and corporate governance functions, or comply with applicable law.
Change in Control or Merger.  We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party or in the event of a corporate merger, consolidation, acquisition or reorganization. However, in such event, any acquirer will be subject to the provisions of our commitments to you or we will not disclose your information.
With your consent.  We may share your Personal Information with other third parties when you direct us to do so or otherwise consent.  For example, if you have invited your doctor, treating clinician, patient services provider or a family member to access your Sleep Data or other Personal Information, those third parties will be able to observe your Personal Information through our cloud portal.
We may share Non-Personal Information, such as de-identified Airbox Information or Sleep Data, with medical equipment suppliers or other third parties for diagnostics or other purposes.

Your Rights and Choices

You may delete your account and related Personal Information stored in the Somnera Website or our cloud platform through settings in the app.  We will honor your request to delete Personal Information unless retaining your information is necessary to protect our legitimate interests or comply with a legal obligation.
If you want to opt-out of receiving promotional emails from us, just use the “unsubscribe” link provided in the email or contact us at privacy@somnera.com

California Residents

If you are a California resident and have an established relationship with a business, you have a right to request information about the business’s disclosure of your personal information to third parties for the third parties’ direct marketing purposes.  Somnera does not disclose personal information to third parties for their direct marketing purposes.

As of January 1, 2020, Somnera is not a “business” as defined in the California Consumer Privacy Act of 2018, as amended (the “CCPA”).  As our business and operations expand, we are committed to reviewing applicability of the CCPA and other laws regarding privacy or data protection on at least an annual basis, and will update this Policy accordingly when necessary and appropriate.

Data Subjects In The European Economic Area And Elsewhere Outside The United States

Somnera is headquartered in the United States.  We do not currently offer the Somnera Website or other goods or services in the European Economic Area (EEA) or elsewhere outside of the United States.  If you contact us, your personal data will be processed in the United States—which has neither sought nor received a finding of “adequacy” from the European Commission under Article 25 of the EU’s General Data Protection Regulation—and will be handled in accordance with this Policy and applicable U.S. law unless we have agreed otherwise in writing with you or an organization you are affiliated with.

“Do Not Track” Signals

Your browser may offer a Do Not Track (DNT) setting.  If you turn that setting on, your browser sends a signal to websites indicating that you don’t want to be tracked over time or across third party sites.  We don’t currently respond to these signals because there is not yet a common understanding of how to process them or a consensus on what “tracking” means.

Data Security

Somnera maintains reasonable security procedures and practices to protect Personal Information from unauthorized access, theft, loss, misuse, alteration or destruction.  Despite these precautions however, we cannot guarantee that unauthorized persons will not obtain access to your Personal Information because “perfect security” is impossible in the digital age.
We encourage you to help maximize security by applying your own personal security measures.  For more information about what you can do to protect your data, please see the tips and resources offered by the U.S. Federal Trade Commission at https://www.consumer.ftc.gov/topics/privacy-identity-online-security and the California Attorney General at https://www.oag.ca.gov/privacy/consumer-privacy-resources.

Links To Third Party Sites

Our online platform may provide links to third-party websites or other resources as a service to users. If you use these links, you will leave our site or app. Such links do not constitute or imply an endorsement, sponsorship or recommendation by Somnera of the third party, the third-party website or the information contained therein, and Somnera shall not be responsible or liable for your use thereof. Such use shall be subject to the terms of use and privacy policies applicable to those sites.

Children’s Privacy

Somnera does not provide services or sell products to children under the age of 18. We do not knowingly collect or maintain any Personal Information from anyone under the age of 18. We will remove or delete any personal information we believe was submitted by any child under the age of 18.

Changes To This Policy

If our Privacy Policy or procedures change, we will immediately post those changes.  If we have your contact information, we will alert you of such changes.  Any such changes will be effective immediately upon being posted, unless otherwise stated in the change. It is and will be your responsibility to review our Privacy Policy from time to time to make sure you are aware of any changes.

Contact Us

If you have any questions about our Privacy Policy, please do not hesitate to contact us:

Somnera, Inc.
Attn: Legal Department
1291 Puerta Del Sol, Suite #200
San Clemente, CA 92673
Phone:  949-542-3535
Email:  privacy@somnera.com