At Wethm, we appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it. Here we describe the privacy practices for our devices, applications, software, websites, APIs, products, and services (the “Services”). You will learn about the data we collect, how we use it, the controls we give you over your information, and the measures we take to keep it safe.

Specifically, we'll cover:

Information We Collect
How We Use Information
How Information Is Shared
Your Rights To Access and Control Your Personal Data
Data Retention
Analytics and Advertising Services Provided by Others
Our Policies for Children
Information Security
Our International Operations and Data Transfers
European Privacy Disclosures
California Privacy Disclosures
Changes to This Policy
Who We Are and How To Contact Us

INFORMATION WE COLLECT

When you use our Services, we collect the following types of information.

INFORMATION YOU PROVIDE US

ACCOUNT INFORMATION

Some information is required to create an account on our Services, such as your name, email address, and password. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as a profile photo, biography, country information, and community username.

ADDITIONAL INFORMATION

To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like your location, date of birth, gender, height, and weight; and messages on discussion boards or to your friends on the Services.

You may also connect with friends on the Services or invite friends who have not yet joined by providing their email addresses, accessing social networking accounts, or using the contact list on your mobile device. We do not store your contact list and delete it after it is used for adding contacts as friends.

If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.

PAYMENT AND CARD INFORMATION

Some Wethm devices support payments and transactions with third parties. If you activate this feature, you must provide certain information for identification and verification, such as your name, credit, debit or other card number, card expiration date, and CVV code. This information is encrypted and sent to your card network, which upon approval sends back to your device a token, which is a set of random digits for engaging in transactions without exposing your card number. For your convenience, we may store the last four digits of your card number and your card issuer’s name and contact information. We do not store your transaction history.

If you purchase Wethm merchandise on our website, you provide your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We do not store this payment information. We store your shipping address to fulfill your order. Note that third-party payment processors may retain this information in accordance with their own privacy policies and terms.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

DEVICE INFORMATION

Your device collects data to estimate a variety of metrics like heart rate, breathing rate, movement, and sleep stages. When your device is paired to your account using our applications or software, data recorded by your device automatically starts transferring from your device to our servers.

GEOLOCATION INFORMATION

The Services include features that use precise geolocation data, including device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your Wethm device or mobile device settings. We may also derive your approximate location from your IP address.

USAGE INFORMATION

When you access or use our Services, we receive certain usage or network activity information. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair your device to your account, or open or interact with an application on your Wethm device.

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, Wethm or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.

GEOLOCATION INFORMATION

HOW WE USE INFORMATION

We use the information we collect for the following purposes.

PROVIDE AND MAINTAIN THE SERVICES

Using the information we collect, we are able to deliver the Services to you and honor our Terms of Service contract with you. For example, we need to use your information to provide you with recommendations, tracking your sleep, and sleep trends; to enable the community features of the Services; and to give you customer support. For the Services’ community features, we may use your information to help you find and connect with other users and to allow other users to find and connect with you. For example, your account contact information allows other users to add you as a friend. When another user has your email or mobile phone number in their contact list or in their friend network on a connected service, we show that user that you are a user of the Services.

IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.

When you allow us to collect precise location information, we use that information in order to improve response time of our applications

We also use your information to make inferences and show you more relevant content.

Here are some examples:

Information like your height, weight, gender, and age allows us to improve the accuracy of your sleep tracking and statistics like the duration of your sleep and sleep quality.
Based on your sleep data, we may make inferences about your sleeping patterns and provide you with customized insights to help you improve your sleep.

COMMUNICATE WITH YOU

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notifications by using your notification preferences in account settings or via the “Unsubscribe” link in an email.

PROMOTE SAFETY AND SECURITY

We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.

We use cookies and similar technologies for the purposes described above. For more information, please read our Cookie Use statement.

HOW INFORMATION IS SHARED

We never sell the personal information of our users. We do not share your personal information except in the limited circumstances described below.

WHEN YOU AGREE OR DIRECT US TO SHARE

You may direct us to disclose your information to others, such as when you use our community features like the forums and other social tools. For certain information, we provide you with privacy preferences in account settings or via and other tools to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your profile photo, posted messages, total steps in the challenge, personal statistics, and achievements, is not governed by your privacy preferences and will be visible to all other challenge participants.

You may also direct us to share your information in other ways, for example, when you give a third-party application access to your account, or give your employer access to information when you choose to participate in an employee wellness program. Remember that their use of your information will be governed by their privacy policies and terms.

FOR EXTERNAL PROCESSING

We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research, and surveys.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note:
Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about sleep, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

We give you account settings and tools to access and control your personal data, as described below, regardless of where you live.

Deleting Data. By logging into your account and using your account settings you can delete your personal information. For instance, you can delete the profile data you provide and delete your account if you wish.

If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data recorded by your Wethm device and other data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

Objecting to Data Use. We give you account settings and tools to control our data use.

For example, using your notification settings you can limit the notifications you receive from us;

and under your application settings you can revoke the access of third-party applications that you previously connected to your Wethm account. You can also use the Wethm application to unpair your device from your account at any time.

DATA RETENTION

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding friends on the Services, we delete the list after it is used for adding contacts as friends. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving advertisements on our behalf across the internet, and measuring the performance of those advertisements. These companies may use cookies and similar technologies to collect information about your interactions with the Services and other websites and applications. To learn more and about your privacy choices, please read our Cookie Use statement.

OUR POLICIES FOR CHILDREN

We appreciate the importance of taking additional measures to protect children’s privacy. Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at contact@mellowingfactory.com

INFORMATION SECURITY

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact us at contact@mellowingfactory.com

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and transfer information to the United States and other countries for the purposes described in this policy.

We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent and EU Commission approved model contractual clauses, which require certain privacy and security protections. You may obtain copies of the model contractual clauses by contacting us at contact@mellowingfactory.com

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create a Wethm account and click “I agree” to data transfers, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your Wethm account as described in the Your Rights To Access and Control Your Personal Data section.

Mellowing Factory Co. Ltd. is subject to the oversight of the Korea Communications Commission and remains responsible for personal information that we transfer to others who process it on our behalf as described in the How Information Is Shared section. If you have a complaint about our Privacy Shield compliance, please contact us at contact@mellowingfactory.com

EUROPEAN PRIVACY DISCLOSURES

If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).

YOUR DATA CONTROLLER

Mellowing Factory Co. Ltd., a Korean company, is your data controller and provides the Services. For our contact information, please see the Who We Are and How To Contact Us section.

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account, or grant us access to your exercise or activity data from another service. You can use your account settings and tools to with-draw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.

and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.

OUR LEGAL BASES FOR PROCESSING PERSONAL DATA

For personal data subject to the GDPR, we rely on several legal bases to process the data, including:

When you have given your consent, which you may withdraw at any time using your account settings and other tools;
When the processing is necessary to perform a contract with you, like the Terms of Service; and
Our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.

HOW TO EXERCISE YOUR LEGAL RIGHTS

Please review the Your Rights To Access and Control Your Personal Data section for how

your account settings and tools allow you to exercise your rights under the GDPR to access and control your personal data.

In addition to the various controls that we offer, in certain circumstances, you can seek to restrict our processing of your data, or object to our processing of your data based on our legitimate interests, including as described in the How We Use Information section.

Under the GDPR, you have a general right to object to the use of your information for direct marketing purposes. Please see your notification settings to control our marketing communications to you about Wethm products.

Our Cookie Use statement describes your options for controlling how we and our partners use cookies and similar technologies for advertising. Please note that you can always delete your account at any time. If you need further assistance regarding your rights, please contact us at contact@mellowingfactory.com, and we will consider your request in accordance with applicable laws.

CALIFORNIA PRIVACY DISCLOSURES

If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act ("CCPA").

HOW TO EXERCISE YOUR LEGAL RIGHTS

You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings or via and tools as described in the

Your Rights To Access and Control Your Personal Data section, for example:

By logging into your account and using your account settings or via , you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.
Your account settings or via also let you exercise your right to delete personal information.

If you need further assistance regarding your rights, please contact us at contact@mellowingfactory.com, and we will consider your request in accordance with applicable laws.

CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES

As described in the Information We Collect section, we collect the categories of personal information listed below. We receive this information from you, your device, your use of the Services, third parties (like the other services you have connected to your Wethm account, or your employer or insurance company if they offer you Wethm Services as an employee or customer), and as otherwise described in this policy. We use and disclose these categories of information for the business purposes described in the How We Use Information and How Information Is Shared sections, respectively. The categories are:

Identifiers, like your name or username, email address, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
Demographic information, such as your gender, age, health information, and physical characteristics or description, which may be protected by law.
Commercial information, including your payment information and records of the Services or devices you purchased, obtained, or considered (for example, if you added them to your shopping cart on the Wethm online store but did not purchase them).
Biometric information, such as your sleep, or health data, including heart rate, sleep stages, and any similar information to which you grant us access from another service.
Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
Geolocation data, including device sensors, Wi-Fi access points, and cell tower IDs, if you have granted us access to that information.
Electronic, visual, or similar information, such as your profile photo or other photos.
Professional or employment related information, including any information (like your name, email address, or similar information) that your employer provides to us so that we can invite you to participate in or determine your eligibility for Wethm Services that they offer to their employees.
ther information that you provide, including account information such as your biography or country; information for features of the Services, for example, an alarm, information about your friends, and logs for sleep; messages on the Services; and information recorded by your device.
Inferences drawn from any of the above, including sleep insights, and personalized alarms.

We never sell the personal information of our users. We do work with partners who provide us with advertising services as described in the Analytics and Advertising Services Provided by Others section. To learn more about how these partners collect data and your options for controlling the use of your information for interest-based advertising, please read our Cookie Use statement

CHANGES TO THIS POLICY

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.

WHO WE ARE AND HOW TO CONTACT US

If you have questions about this policy, or need help exercising your privacy rights, please contact us at contact@mellowingfactory.com

You may contact us at our mailing address below.

Mellowing Factory Co. Ltd.
131, Sapyeong-daero 57-gil, Seocho-gu,
6th floor
Seoul, South Korea 06535