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Proactive Sleep


Proactive Life Privacy Policy


Welcome to Proactive Life, LLC.'s (herein referred to as "Proactive Life," "we," "us" or "our"), educational tool and motivational program for mobile devices (herein referred to as "Proactive Sleep") and all associated Proactive Life services provided at or through Proactive Life, that help you learn about your sleep and habits (herein referred to as "The Site"). Please read this Agreement carefully. The Proactive Life Services are neither a medical device nor a medical program and are not intended for the diagnosis and/or treatment of sleep disorders.

Your privacy is very important to us. Thus, we have developed this Privacy Policy to explain our policy with respect to personally identifiable data ("Personal Data") and other information that is collected from those who use our Site and/or Proactive Sleep.

This Privacy Policy is incorporated into and is subject to the Terms of Use. Your use of Proactive Sleep and any personally identifiable information and health information you provide in using Proactive Sleep and/ or the site is subject to the terms of this Privacy Policy and the Terms of Use.

1. Information Proactive Life Collects.


When you interact with us through the Site and/or use Proactive Sleep, we may collect Personal Data and other information from you, as described below:

Personal Data Collected If You Are A Tester of Proactive Sleep. We collect Personal Data from you if you are a tester of Proactive Sleep. For example, when you use Proactive Sleep Beta, we will collect information including your e-mail address and device identification number. Furthermore, we collect sleep data, such as details regarding how much you are sleeping and waking, behaviors, and other factors that may impact your sleep. Furthermore, before using Proactive Sleep, we may collect survey data related to your sleep habits and behaviors that may affect your sleep, such as your daily routine, exercise habits, drug use, and general health.

Personal Data Collected If You Use Proactive Sleep. When you use Proactive Sleep we collect de-identified Personal Data, unless you specify otherwise. Proactive Life's servers automatically record this information. For example, when you use Proactive Sleep, we will collect sleep data, such as details regarding how much you are sleeping and waking, behaviors, and other factors that may impact your sleep, but we will not be able to determine your identity based on the data you provide.

Personal Data That You Provide Through Registration.We may collect Personal Data from you if you register with the Site and create an account, including your e-mail address and device identification number. We do not collect any credit card or other financial account information, driver's license numbers and/or social security numbers.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to Proactive Sleep or this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Proactive Life and the authorized third parties referred to herein.

At no time shall Personal Data collected from you in accordance with this Privacy Policy or any information or materials derived from such Personal Data be deemed to be an electronic health record or an electronic medical record for any purpose whatsoever under any law or regulation, including without limitation for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996.

Other Information. When Users and others visit the Site, Proactive Life collects the visitor's IP address (the unique set of numbers used to identify the visitor’s computer), and his or her registered domain or home server. When Users use the Site, this information may include, Internet Protocol address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the number of messages related to the User's profile, the amount of time spent on particular web pages, the dates and times of requests. Proactive Life, its contractors and other third parties that help Proactive Life provide Proactive Sleep and the Websites ("Proactive Life's agents") may use "cookies" to improve visitor's experience at the Site. A "cookie" is a small file placed on a website visitor's computer hard drive that identifies the computer and data about the visit so that, when the visitor returns to the site, the site recognizes the visitor, which allows Proactive Life to tailor its Websites to the visitor. Cookies do not contain personally identifiable information but may be linked to Personal Information that visitors provide to Proactive Life. Proactive Life uses Google Analytics on its Site. Google Analytics uses cookies to collect anonymous traffic data, which may include information about a visitor's operating system, browser version, referring site, and keywords used to locate the Websites. Advertisers that place ads on the Websites may use their own cookies.

Using Proactive Sleep requires the use of an iPhone, iPod Touch, or any cell phone running Google Android and if you want to receive SMS text notifications, a messaging (including SMS text messages) plan is also required. Standard data and messaging charges, fees, and taxes from the User's carrier apply.

2. How to Delete Information Obtained by Proactive Life.


A User may request to have their Personal Information deleted by mailing legal@proactivesleep.com Memo Title: Delete User Information.

3. Our Use of Your Personal Data and Other Information.


Proactive Life uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. We may use your Personal Data for the purpose for which it was provided, including without limitation for the purposes described further below:

Surveys.We may offer our users to participate in surveys designed to help us improve Proactive Sleep.

Provisioning and Monitoring of the Proactive Sleep and the Site.We will use your Personal Data to provide you with access to and support your use of the Proactive Sleep and the Site and to monitor your use of the Proactive Sleep and the Site.

Questions and Requests.If you contact us by e-mail or otherwise, we will use the Personal Data you provide to answer you.

Contacting You About Other Products, Services and Events.You have the choice to allow Proactive Life and/or third parties to use your Personal Data to contact you in the future to tell you about products and services that may be of interest to you.

Service Improvement. We may use your Personal Data, aggregated Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Proactive Life Services. This research may be compiled and analyzed on raw data or an aggregate basis, and Proactive Life may share this de-identified data with advertisers, researchers, business partners, publications, and other third parties. This information will not identify you personally.

4. Our Disclosure of Your Personal Data and Other Information.


There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as described below:

Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Agents, Consultants and Related Third Parties. Proactive Life, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, and maintaining databases. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements. Proactive Life may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Proactive Life, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Personal Data. As described above, we may share aggregated or raw, de-identified Personal Data with advertisers, researchers, business partners, publications, and other third parties.

5. Your Choice.


You can use the Site and Proactive Sleep without providing any Personal Data, however, you must provide Personal Data if you wish to be a Proactive Sleep Tester. if you choose not to provide any Personal Data, you may not be able to use certain areas of the Site Proactive Sleep may not function optimally. You will have the choice as to whether or not you wish to be contacted by us and/or by any third parties with offers for products, services and/or events that may be of interest to you.

6. Exclusions.


This Privacy Policy shall not apply to any unsolicited information you provide to Proactive Life through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Proactive Life shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

Children. The Site and the Proactive Life Services are intended for adults. Users under the age of eighteen (18) are not permitted to use the Site or register for and/or use the Proactive Life Services without the consent of a parent or legal guardian.

7. Information Collected by Others


This Privacy Policy addresses only the policy and procedures of Proactive Life. Proactive Life is not responsible for the privacy policies of third parties, including but not limited to those whose websites may be linked to the Proactive Life's Websites.

8. Security.


Proactive Life uses a variety of physical, technical, and procedural safeguards to guard against loss, misuse, and alteration of Personal Information. For example, sleep and health Information transmitted from mobile devices to Proactive Life is encrypted; access to Personal Information is limited to Proactive Life and contractor personnel who need the information for Proactive Sleep; and Proactive Life uses and requires its contractors to use technical measures to guard against unauthorized access to Personal Information and sleep and health information. Proactive Life cannot, however, guarantee the security of any Personal Information or Location Information, or information collected from the Websites. Despite Proactive Life's efforts to secure such information, it may be accessed, disclosed, altered, or destroyed by a breach of Proactive Life's physical, technical, and procedural safeguards. Users use Proactive Sleep and visitors go to the Websites at their own risk. If Proactive Life learns that a User's Personal Information or Location Information has been disclosed to an unauthorized person, Proactive Life will attempt to notify the User.

9. Changes to Proactive Life's Privacy Policy.


The Site and our business may change from time to time. As a result, at times it may be necessary for Proactive Life to make changes to this Privacy Policy. Proactive Life reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

10. Use Outside the United States.


Proactive Sleep is hosted in the United States and is intended for United States Users. Users who use Proactive Sleep from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.

11. Enforcement.


If a User believes that his or her rights as described in this Privacy Policy have been violated by Proactive Life, the User should email legal@proactivesleep.com or send a letter to Proactive Life, 22 Canterbury Lane, Belle Mead, NJ. 08502. Proactive Life will attempt to resolve User complaints as quickly as possible.

12. Amendments to this Privacy Policy.


Proactive Life reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Privacy Policy, in whole or in part, at any time. Proactive Life will include such amendments on the version of this Policy that is posted on Proactive Life's Websites (www.ProactiveSleep.com) and will notify User by e-mail that the Policy has been amended. Amendments to the Policy will take effect immediately upon being posted to the Site. User's continued use of Proactive Sleep after Proactive Life posts an amendment constitutes User's acceptance of and consent to such amendment.

13. Contact Us.


For more information about our Privacy Policy and practices, e-mail us at legal@proactivesleep.com. By using Proactive Sleep, the User acknowledges that he/she has read and accepted this Privacy Policy. If you do not accept this Privacy Policy, please do not use Proactive Sleep or visit the Websites.

14. Effective Date, Date Last Modified.


Proactive Life Privacy Notice effective as of May 12th 2009. Proactive Life Privacy Notice last modified on May 12th 2009.

Proactive Sleep ™ is a Proactive Life product.
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