Neurable

Privacy Policy

Effective as of August 30, 2024.  

Neurable, Inc. ("Neurable," "we", “us” or "our") provides brain-computer interface technology (e.g., technology integrated into headphones or other devices with biological sensors that are either created by Neurable or a third-party partner (“Device”)) that is designed to translate brain activity into simple and actionable insights. This Services Privacy Policy (this “Privacy Policy”) describes how Neurable processes personal information that we collect through the Device and corresponding end-user applications from Neurable (the “Apps”) (the Device and the Apps, collectively, the “Services”). Neurable may provide additional or supplemental privacy policies to individuals for specific websites, products or services that we offer at the time we collect personal information. For example, some US state consumer health data-specific privacy laws to which we are subject require a separate Consumer Health Data Privacy Policy, which applies to our processing of certain health status-related data.

Index

Personal information we collect

Personal information we may collect from you (e.g., when you sign up for or use the Services) or through the Apps includes:

  • Account data, such as your first and last name, email address, log-in credentials such as username and password, and date of birth.
  • Demographic data, such as your city, state, country of residence, and postal code.
  • Profile data, such as whether you are left-handed or right-handed, your health conditions that you may choose to disclose to us (e.g., ADHD), and your preferences and characteristics.
  • Focus data, such as your Focus Points, Focus Data for your Sessions, generated insights (such as your best time of day for focus or when to take a Brain Break), activity names, and Focus Session notes that you create in the App.
  • Responses to surveys and questionnaires, such as your voluntary responses regarding your work habits, user goals, or focus.
  • Communications data based on our exchanges with you, including when you contact us through the App in relation to your use of the Services. 
  • Feedback data, including information you voluntarily share and upload to us when you complete our product feedback form or request support, such as application analytics, device usage logs, operating system metrics, other usage data, and additional details about your user experience with the Device.
  • Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history. 
  • Payment data needed to complete transactions, including payment card information or bank account number.
  • Device and App interaction data, such as information about Session duration and frequency of use. 
  • Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Personal information we may collect when you use a Neurable Device includes:

  • Brainwave data, such as raw EEG data and data derived from raw EEG data to measure Focus levels. We will only collect raw EEG data if you opt-in to such collection.
  • Device usage data, such as accelerometer data that measures vibration, calibration data, and data about sensor signal quality.

We may also automatically log information about your interactions with the Services, such as the following information:

  • Technical system information, such as crash logs, which may contain certain of your information as described above user ID, device ID, IP address, local computer file path, feature quality, and use of that feature.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Services delivery and operations. We may use your personal information to:

  • provide the Services to you;
  • enable security features of the Services;
  • establish and maintain your user profile on the Services;
  • communicate with you about the Service, including by sending Services-related announcements, updates, security alerts, and support and administrative messages; and
  • provide support for the Services, and respond to your requests, questions and feedback.

Services personalization. We may use your personal information to:

  • understand your needs and interests in connection with your use of the Services;
  • personalize your experience with the Services and our Services-related communications; and
  • remember your selections and preferences as you use the Services.

Services improvement and analytics. We may use your personal information to analyze your usage of the Services, improve the Services, help us understand user activity on the Services, and develop new products and services. For example, we may use Google Analytics to help us understand user activity on the Service, including which features are most and least utilized. You can learn more about Google Analytics here: https://policies.google.com/technologies/partner-sites, and you can learn how to prevent the use of Google Analytics relating to your use of our Service here: https://tools.google.com/dlpage/gaoptout?hl=en.

Marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests (but not based on your Focus data or your Brainwave data). 

Compliance and protection. We may use your personal information to:

  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); 
  • audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
  • enforce the terms and conditions that govern the Services; and 
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.  

To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you, and we will not attempt to reidentify any such data. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.  

Further uses, in some cases, we may use your personal information for further uses, in which case we will ask for your consent to use of your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.

How we disclose your personal information

We may disclose your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.  

Service providers. Third parties that provide services on our behalf or help us operate the Services or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics). 

Payment processors. Any payment card information you use to make a purchase on the Services is collected and processed directly by our payment processors, such as PayPal. PayPal may use your payment data in accordance with its privacy policy, https://www.paypal.com/us/webapps/mpp/ua/privacy-full. You may also sign up to be billed by your mobile communications provider, who may use your payment data in accordance with their privacy policies.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above. 

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Neurable, financing of Neurable, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Neurable as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Your privacy rights

While we do not yet meet the thresholds to be subject to US state comprehensive consumer privacy laws (e.g., the California Consumer Privacy Act), we provide you with certain choices with respect to your personal information as a courtesy to you. You may also have rights under the Consumer Health Data Privacy Policy:  

  • Access and confirm. You have the right to ask us to confirm whether we have collected, shared or sold any of your personal information, and if so, you have the right to access (i.e., request a copy of) the personal information that we have collected about you in connection with the Services. You also have a right to access a list of all third parties (i.e., not service providers) and affiliates with whom we have shared or sold your personal information. We will also provide you with an email address or other online mechanism that you may use to contact those third parties. 
  • Deletion. You have the right to ask us to delete the personal information that we have collected about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping certain of your personal information, such as if required by law, or if certain data is required by us in order to provide you the Services. 
  • Withdraw consent. You have the right to withdraw your consent at any time of our collection or sharing of your personal information. 
  • Appeal. You have the right to appeal our denial of any request that was validly submitted. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.

To exercise your rights above and make a privacy rights request, please contact us by email at privacy@neurable.com. We may need to verify your identity in order to process your request. To confirm your identity, we may ask you to verify personal information we already have on file for you. If we cannot verify your identity based on the information we have on file, we may request additional information from you (such as government identification), which we will only use to verify your identity, and for security or fraud-prevention purposes. 

We need to collect certain personal information in order to provide the Services to you. If you request that any required personal information be deleted or withdraw your consent for any required personal information, we may not be able to provide the Services or certain features of the Services to you. 

Your choices 

Access or update your information in the App. If you have registered for an account with us, you may review and update certain account information by logging into your account on the App and navigating to the settings menu. 

Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive Service-related and other non-marketing emails.  

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide the Service. If you do not provide the information we identify as required or mandatory, we may not be able to provide the Services or certain features in the Services to you.

Delete your account. If you wish to delete or close your account, you may do so through the App or by contacting us.

Retention

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.   

When we no longer require the personal information we have collected about you, we may either delete it, anonymize, de-identify or aggregate it so that it is no longer reasonably identifiable or linked to you, or isolate it from further processing. 

Other sites and services

The Services may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security 

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. 

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.  

Children  

The Services are not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Services from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy 

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the App or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Services after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your use of and interactions with the Services and our business.

How to contact us