Privacy Policy

AlphaBeats Works B.V., and its subsidiaries and their respective affiliates, (“AlphaBeats,” “we,” “us,” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy (“Privacy Policy”). We treat any data that relates to an identified or identifiable individual or that is linked or linkable to them by AlphaBeats as “personal information,” no matter where the individual lives. This means that data that directly identifies you — such as your name — is personal information, and also data that does not directly identify you, but that can reasonably be used to identify you — such as the serial number of your device — is personal information. Aggregated data is considered non‑personal information and is not subject to this Privacy Policy. This Privacy Policy describes:

• The types of information we may collect when you visit the website https://www.listenalphabeats.com/ (the “Website”).
• The types of information we may collect that you may provide when you download, install, register with, access, or use AlphaBeats (the “App”). 
• Our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This policy applies only to information we collect on this Website, in the App and in email, text, and other electronic communications sent between you and us (collectively the “Service”). This policy does not apply to information that:

• We collect offline or on any other AlphaBeats apps or websites, or through any other means.
• You provide to or is collected by any third party. 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Service after we revise this Privacy Policy means you accept those changes, so please check the policy periodically for updates.‍

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT‍

We collect information from and about users of our Service:

• Directly from you when you provide it to us. 
• Automatically as you navigate through the Website or App.  

Information You Provide to Us‍

When you use our Service, we collect the following types of information:

• Information by which you may be personally identified, such as name, email address, telephone number, user ID, or passwords.
• Information that is about you but individually does not directly identify you, such as communication preferences; gender; height; weight; music preferences; subjective assessments such as mood, sleep, focus, relaxation, and life events; and EEG data (“EEG data” are electrical brain signals collected through an EEG headband using electrodes on the scalp). 
• Information that you provide by filling in forms on our Website or in the App. This includes information provided at the time of registering to use our Service, subscribing, journal entries, and requesting further services. We may also ask you for information when you report a problem with the Website or App.
• Records and copies of your correspondence, if you contact us.
• Payment information including billing address ad method of payment, such as credit, debit, or other payment card information. 
• Details of transactions you carry out through our Website or App, and of the fulfillment of your orders.

You may also provide information for publication or display (“Posted”) on group areas of the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.‍

Sensitive Information

‍To the extent that information we collect is considered biometric data, health data, or another special category of personal information subject to the GDPR or state privacy laws, we will ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data. If you do not consent to the processing of your sensitive information, we will not be able to provide you with the Service. Instead, you will exit the account registration process. You may ask us to erase your data if you withdraw your consent to processing by contacting us as described in the “Contacting Us” section below.‍

Information We Collect Through Automatic Data Collection Technologies 

‍When you use our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing activity, and patterns, including:

• Usage Details. Details of your visits to our Website and when you access and use the App. This may include traffic data, location data, logs, and other communication data and the resources and services that you access and use on or through our Service.
• Device Information. We may collect information about your computer, internet connection, and mobile device including the device’s unique device identifier, your IP address, operating system, browser type, mobile network information, and the device’s telephone number. 

The information we collect automatically helps us to improve our Service and to deliver a better and more personalized experience. If you do not want us to collect this information do not use the Service.The technologies we use for automatic information collection may include:

• Cookies (or mobile/browser cookies). A cookie is a small file placed on the hard drive of your computer or on your smartphone. You may refuse to accept cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting, you may be unable to access certain parts of our Service.
• Web Beacons. Pages of our Website or App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit AlphaBeats, for example, to count users who have visited those pages or opened an email and for other related website or app statistics.

Third-Party Information Collection

‍When you use the Service or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

• Advertisers.
• Analytics companies.
• Your mobile device manufacturer.
• Your mobile service provider.
• Your browser provider.

These third parties may use tracking technologies to collect information about you when you use the Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. We do not control these third parties' tracking technologies or how they may be used. ‍

HOW WE USE AND DISCLOSE INFORMATION

Use of Your Information‍

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the Service and its contents, and any other information, products, or services that you request from us.
• Send administrative information to you.
• Send periodic newsletters and promotions. 
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• Notify you about changes to our Website or when App updates are available, and of changes to any products or services we offer or provide.
• Save or protect your vital interest, such as to prevent harm. 
• In any other way we may describe when you provide the information.
• For any other purpose with your consent. 

The usage information we collect helps us to improve our Service and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Service according to your individual interests.
• Speed up your searches.
• Recognize you when you use the Service.

We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. Further, we may aggregate or de-identify personal data to use such information for our business purposes, including but not limited to analyzing the effectiveness of our App, improving and adding features to our App, research, machine learning, predictive analytics, and for other similar purposes. We may collect aggregated information through the App, through cookies, and through other means described in this Privacy Policy. We will maintain and use de-identified information in anonymous or de-identified form, and we will not attempt to reidentify the information, unless required by law.‍

Legal Grounds for Data Processing

‍If you are located in the EU or UK, this section applies to you. We may process your personal information if one of the following applies:

• You have given consent for one or more specific purposes. 
• Provision of personal information is necessary for the performance of an agreement with the you and/or for any pre-contractual obligations thereof.
• Processing is necessary for compliance with a legal obligation to which the AlphaBeats is subject.
• Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the AlphaBeats.
• Processing is necessary for the purposes of the legitimate interests pursued by AlphaBeats or by a third party.

In addition to interests otherwise described in this Privacy Policy, we rely on other legitimate interests in using and sharing your personal information. These interests include:

• Providing, improving, and customizing our service.
• Administering our operations. 
• Cybersecurity.
• Enhancing protection against fraud, spam, harassment, crime, and security risks. 
• Meeting our obligations and enforcing our legal rights.

Disclosure of Your Information‍

We may disclose aggregated, anonymous, or de-identified information about our users, and information that does not identify any individual or device, without restriction.In addition, we may disclose personal information that we collect, or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. These service providers may include services such as analytics, payment processing, advertising and marketing, website hosting, customer and technical support, and other services. 
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of AlphaBeats’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by AlphaBeats about our App users is among the assets transferred.
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, including the App End User License Agreement/Terms of Service available at: https://www.listenalphabeats.com/terms-and-conditions, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of AlphaBeats, our customers, or others. 

We do not share the personal information of our users with third parties for their own marketing purposes. Further, we do not sell your personal information including as “sale” is defined in Nevada and California. We also do not “share” your personal information as that term is defined in California.Finally, to help advance research, we share relevant de-identified or aggregated personal data, including health and or biometric data, you’ve provided through the App with carefully selected research partners. We only share data that is directly relevant to the research question and follow strict protocols to ensure your data always remains anonymous to the researchers. If you are a participant in a research study that is run by or in collaboration with a research partner using the App to collect information for that study, AlphaBeats will share your personal information with the research partner only under the terms of your consent as given to that research partner. The research partner will be solely responsible for the usage of your personal data, including health and or biometric data, in the context of their research study. We consider AlphaBeats and our research partners to have joint responsibility (“joint controllership” under GDPR) in this case. ‍

Data Retention‍

Unless specified otherwise in this document, personal information shall be processed and stored for as long as required by the purpose it has been collected for and may be retained for longer due to applicable legal obligation or based on your consent.‍

Choices About How We Use and Disclose Your Information‍

We strive to provide you with choices regarding the personal data you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

• Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
• Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.
• Promotion by the Company. If you do not want us to use your e-mail address to promote our own products or services, you can opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to: info@listenalphabeats.com.

Residents in certain states, may have additional personal data rights and choices. Please see the “Your State Privacy Rights” section of this policy for more information. 

‍Do Not Track‍

Some web browsers may transmit Do Not Track (DNT) signals to mobile applications with which the user communicates. We currently do not change our tracking practices in response to DNT settings in your web browser. Our third-party partners, such as analytics companies, may collect information about you and your online activities over time and across our Service. These third parties may not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings. ‍

ACCESSING AND MODIFYING PERSONAL DATA

‍You can review and change your personal data by logging into the App or Website and visiting your account profile page. You may also send us an email at privacy@listenalphabeats.com to request access to, correct, or delete any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.Residents in certain states may have additional personal data rights and choices. Please see “Your State Privacy Rights” for more information.‍

YOUR STATE PRIVACY RIGHTS

‍State consumer privacy laws may provide their residents with additional rights regarding our use of their personal data. California, Colorado, Connecticut, Delaware, Florida, Montana, Oregon, Texas, Utah, and Virginia each provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal data.
• Access and delete certain personal data.
• Correct certain inaccuracies in their personal data (excluding Utah).
• Data portability.
• Opt-out of personal data processing for:some text
  • targeted advertising;
  • sales; or 
  • some profiling (excluding Utah). 
• Limit use and disclosure of sensitive personal information. You have the right to limit our use of sensitive personal information for purposes other than to provide our App.
• Non-discrimination meaning that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

The exact scope of these rights may vary by state. To exercise any of these rights contact us as described in the “Contacting Us” section below. Please note that to protect your personal data, we will verify your identity by a method appropriate to the type of request you are making. To appeal a decision regarding a consumer rights request please contact us as described in the “Contacting Us” section below.‍

YOUR EUROPEAN ECONOMIC AREA AND UNITED KINGDOM RIGHTS

‍If you are located in the European Union, Iceland, Liechtenstein, or Norway (the “European Economic Area” or “EEA”) or in the United Kingdom (“UK”), you are entitled to additional rights regarding our use of your personal information. These may include the right to:

• Withdraw consent at any time. You have the right to withdraw consent where you have previously given consent to the processing of personal data.
• Access. You have the right to confirmation of the personal data that is processed about you by AlphaBeats and a copy of the information. Among the limitations for this right is that providing a copy will not adversely affect the rights of others.
• Correct. You have a right to have inaccurate personal data rectified, or taking into account the purposes of the processing, completed if it is incomplete.
• Erasure (also known as the right to be forgotten). You have a right to have your personal information erased in certain limited circumstances.
• Restrict processing and to object to use. You have the right to request the restriction or suppression of your personal information. This right only applies in certain circumstances. If processing is restricted, AlphaBeats would not be permitted to use the data without your consent, unless in connection with a legal claim, the protection of another person, or other exceptions. AlphaBeats would be permitted to continue to store the information.
• Data portability. The right to data portability allows you to obtain an electronic copy of your personal information to enable you to reuse that data for your own purposes across different services. This right allows you to move, copy or transfer personal information easily from one IT environment to another. This right only applies to information you have provided to AlphaBeats and depending on the context, applies to some of your information, but not to all of your information.
• Object. You have the right to object to the processing of your personal information in certain circumstances, in the absence of a compelling reason for the continued processing.

To exercise any of these rights contact us as described in the “Contacting Us” section below. Please note that to protect your personal information, we will verify your identity by a method appropriate to the type of request you are making. To appeal a decision regarding a consumer rights request please contact us as described in the “Contacting Us” section below.‍

DATA STORAGE AND SECURITY‍

AlphaBeats takes commercially reasonable security measures to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. We secure the data you provide on computer servers in a controlled, secured environment, protected from unauthorized access, use, or disclosure. The safety and security of your information also depends on you. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.

‍USE BY MINORS‍

The Service is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us as described in the “Contacting Us” section below.Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your States Rights” for more information.

 INTERNATIONAL DATA TRANSFER‍

The Service is accessible to users globally. Therefore, AlphaBeats may transfer your personal information to countries outside the United States, including to countries located within the European Union and the European Economic Area, for the purposes described in this policy. 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. For personal information relating to individuals in the European Economic Area or the United Kingdom, we rely on multiple legal bases to lawfully transfer personal information to third countries. These include adequacy decisions, Standard Contractual Clauses, or other means approved by the EU’s security authorities. If you wish to know more about international transfers of your personal information, you may contact us as described in the “Contacting Us” section below.‍

CHANGES TO THIS PRIVACY POLICY

‍This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will notify you by the email address specified in your account or through a notice on the Website home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

‍CONTACTING US

‍If you have any questions about this Privacy Policy or our privacy practices, please contact us at privacy@listenalphabeats.com. 

If you live in the EEA, or UK, you may also contact us at:

AlphaBeats Works B.V., High Tech Campus 6A, 5656AE Eindhoven,

The Netherlands.