Effective as of August 30, 2024.  

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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 Consumer Health Data Privacy Policy (“Consumer Health Data Privacy Policy”) applies to the extent US state consumer health data-specific privacy laws to which we are subject (e.g., the Washington My Health My Data Act) (“Consumer Health Data Privacy Laws”) apply to our processing of certain health status-related data, such as “consumer health data” as defined by such laws (“Consumer Health Data”). Consumer Health Data does not include “publicly available information” or “deidentified data”, as such terms or similar terms are defined by Consumer Health Data Privacy Laws. This Consumer Health Data Privacy Policy describes how Neurable processes Consumer Health Data that we collect through the Device and corresponding end-user applications from Neurable (the “Apps”) (the Device and the Apps, collectively, the “Services”). 

This Consumer Health Data Privacy Policy supplements our Services Privacy Policy. In the event of a conflict between our Services Privacy Policy and this Consumer Health Data Privacy Policy, this Consumer Health Data Privacy Policy shall control only with respect to Consumer Health Data and to the extent required by applicable Consumer Health Data Privacy Laws.

Consumer Health Data we collect

Consumer Health Data you may provide to us through the Services includes the following, to the extent that such data is linked or reasonably linkable to you and identifies your past, present, or future physical or mental health status.  We will obtain your consent where required by applicable Consumer Health Data Privacy Laws:

• 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, which we may generate from the Consumer Health Data we collect. 
• 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 “Brain Breaks”), 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. 
• Device and App interaction data, such as information about Session duration and frequency of use. ‍
• 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.

Sources of Consumer Health Data

We collect Consumer Health Data directly from you when you use the Services, including when you use a Device that includes Neurable technology. We may also create, infer, or generate Consumer Health Data from such data.

How we use your Consumer Health Data

We use Consumer Health Data for purposes below (with each purpose described in more detail in the Services Privacy Policy) or as otherwise disclosed to you. We will obtain your consent where required by applicable Consumer Health Data Privacy Laws.

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How we share your Consumer Health Data

We may “share” (as applicable Consumer Health Data Privacy Laws define that term) Consumer Health Data with your consent or as we determine necessary to provide the Services to you, or as otherwise permitted or required by law. We will obtain your consent where required by applicable Consumer Health Data Privacy Laws.  For example, we may share your Consumer Health Data with the following categories of third parties:

• Third parties designated by you. We may share your Consumer Health Data with third parties where you have instructed us or provided your consent to do so. 
• Authorities and others. We will access, share, and preserve Consumer Health Data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies. We will also share Consumer Health Data if we believe it is necessary to protect our customers and/or the rights or property of ourselves or others.
• Business transferees. We may disclose Consumer Health Data to acquirers and/or other relevant participants in corporate events (including negotiations of or due diligence for such events) such as 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.
• Professional advisors. We may disclose Consumer Health Data to professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.

Your Consumer Health Data choices 

You may have certain rights to your Consumer Health Data under applicable Consumer Health Data Privacy Laws. Any of the rights discussed below may be subject to certain limitations (for example, a monetary charge).  

Withdraw consent. To the extent we rely upon your consent for either our collection or sharing of your Consumer Health Data, you have the right to withdraw such consent from any future collection or sharing. 

Access and confirm. You have the right to ask us to confirm whether we have collected, shared or sold your Consumer Health Data. Further, you have the right to access (in other words, request a copy of) the Consumer Health Data that we have collected, shared or sold. You also have a right to access a list of all “third parties” (as applicable law may define that term) and affiliates with whom we have shared or sold your Consumer Health Data and receive certain corresponding information.

Deletion. You have the right to ask us to delete your Consumer Health Data. 

Appeal. You have the right to appeal our denying a right you have attempted to exercise. We will provide details on how to appeal our denial in connection with such action. 

‍If a Consumer Health Data Privacy Law applies to you and your Consumer Health Data and you wish to exercise your rights above, please email us at privacy@neurable.com. We may need to verify your identity 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. 

Declining to provide information. We need to collect or process Consumer Health Data to provide certain services, including the Services, to you. If you do not provide the information we identify as required or mandatory, or if you request that any required Consumer Health Data be deleted or withdraw your consent for future collection or sharing of any required Consumer Health Data, we may not be able to provide those services to you.

Changes to this Consumer Health Data Privacy Policy 

We reserve the right to modify this Consumer Health Data Privacy Policy at any time. If we make material changes to this Consumer Health Data Privacy Policy, we will notify you by updating the date of this Consumer Health Data Privacy Policy and posting it on the Services or other appropriate means. Any modifications to this Consumer Health Data 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 Consumer Health Data Privacy Policy indicates your acknowledging that the modified Consumer Health Data Privacy Policy applies to your interactions with the Services and our business.

How to contact us

• Email: privacy@neurable.com      

Nevada Supplemental Consumer Health Data Privacy Policy

This Supplement applies to our processing of Consumer Health Data about Nevada consumers, for purposes of providing additional disclosures required by Nevada's Consumer Health Data Privacy Law. We collect, use, process, and share Consumer Health Data for the purposes and manners described above in our Consumer Health Data Privacy Policy. In addition:

Review and Revision of Consumer Health Data. If you are a Nevada consumer and you would like to review and/or revise your Consumer Health Data, you may submit a request to us via the method listed in the Your Consumer Health Data choices section of our Consumer Health Data Privacy Policy.

Third Party Collection of Consumer Health Data Across Sites. We do not allow third parties (i.e., non-service providers) to collect Consumer Health Data over time and across different Internet websites or online services when you use our Services.