Privacy Policy

Last Updated: November 4, 2020

Waking Up, LLC (“Waking Up,” “we,” “us,” and/or “our”), respect your concerns about privacy and values its relationship with you. In this privacy policy (“Privacy Policy”) we describe the types of information we collect from and about you through our website, WakingUp.com, and our “Waking Up” application (“Waking Up app”), whether accessed via computer, mobile device or other technology (collectively, the “Services”). We also describe how that information may be used, with whom it may be shared, and how you can reach us to get answers to questions you may have about our privacy practices. Finally, we also set forth certain legal rights you may have, subject to applicable law, and how you can exercise them.

Please read this policy carefully, because by using the Services you are acknowledging that you understand and agree to the terms of this policy. In addition, please review our Terms of Service, which governs your use of the Services and any content you submit to the Services.

We encourage you to contact us with any questions.

1. WHAT IS PERSONAL INFORMATION?

For purposes of this Privacy Policy, when we say “Personal Information” we mean information that specifically identifies an individual (such as a name, address, telephone number, mobile number, email address, or photograph), or information about that individual that is directly linked to personally identifiable information. Personal Information includes “personal data” as defined by the European Union’s General Data Protection Regulation (“GDPR”) and “personal information” as defined by the California Consumer Privacy Act (“CCPA”).

Personal Information does not include “aggregate information”, which is data we collect about the use of the Services or about a group or category of services or users from which individual identities or other Personal Information has been removed. Personal Information also does not include Usage Information (as defined below) or Device Identifier (as defined below) that is not connected to Personal Information.

2. INFORMATION COLLECTED ON OUR SERVICES

Information You Provide to Us Directly

We collect information that you voluntarily provide in the following ways.

Information Collected When You Request a Trial or Sign In to the Waking Up App. When you request a free trial or sign in to the Waking Up app for the first time, we require that you provide us with your email address or Apple ID which we use to send you a 4-digit code to sign into the app. We may also ask about your past meditation experience and the time of day and frequency with which you meditate.

Information Collected When You Set Up an Account and Populate Your Profile. If you create a Waking Up account, we give you the option to populate your profile with your first and last name, the city in which you reside, and a profile photo or avatar. Doing so is entirely voluntarily and is simply offered as a way to personalize your account. We will not access your photos or the camera on your computer, tablet, mobile phone, or other device (“Device”) without first getting your explicit permission. If you give us permission to access photos or your Device camera, we will only use images that you specifically choose to share with us.

Information Collected When You Purchase a Subscription. If you choose to subscribe to the Waking Up app, you will be required to provide your payment card information, which can include your name, card number, expiration date, security code, and billing address. If you subscribe from within our mobile app, your payment card information will be collected and stored by the third-party app store you use. If you subscribe through our website, your payment card information will be collected and stored by our third-party payment processor.

Information Collected When You Sign Up to Receive Newsletters or Other Email Communications from Us, Subscribe to Our Blog, or Complete a Survey. When you engage in one of these activities, we may collect your name, email address, and any additional information you choose to provide to us as part of that request (such as information about your satisfaction with our Services in response to a survey).

Information Collected When You Email Us to Ask a Question or Request Customer Service, or When You Communicate with Us Via a Third-Party Social Media Platform. When you contact us by email; through our branded social media accounts; or by telephone, SMS, or physical mail, we may collect your name, email address, phone number, physical address, and the contents of your communication which can include any information you choose to provide. We strictly use that information to provide the service or support you have requested.

Information Collected When You Send a Gift Card. Our Services allow you to send a gift card to another person. In these cases, we will use the recipient’s email address solely to deliver the necessary gift card activation code.

Information We Collect by Automated Means

We also collect certain information automatically as you navigate our Services or interact with our communications.

To collect this information, we, or our third-party service providers, may use cookies or similar technologies. A “cookie” is a small text file that websites send to a visitor’s computer or other internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. We, and our third-party service providers use cookies in order to do things such as recognize you when you return to our website, save your preferences (including your preferences regarding cookie handling), understand which sections and features of our Services you find most interesting, ensure our Services are working properly, and prevent fraud. We use both session cookies (which expire when you close your browser) and persistent cookies (which stay on your computer until you delete them or until they expire).

Certain pages on the Services may contain “web beacons” (also known as Internet tags, pixel tags, tracking beacons and clear GIFs). A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.

The information we collect automatically can include the following:

  • Information About the Devices You Use to Access our Services. This can include your internet protocol (IP) address or other unique device identifier, hardware model, operating system, and browser type.

  • Details About Your Interactions With our Services. This includes information such as the date, time, length of stay, specific pages or features accessed during your visit; and search terms used to reach our Services. Within the Waking Up app, we may log which meditations you have selected and viewed, and which you have chosen to designate as a “favorite.” We use this information to determine the popularity of certain content, to save your preferences and allow you to track your progress, and to improve the app.

  • Usage Information. This includes the number and frequency of visitors to our Services; and

  • Location Information. Specifically, our third-party service providers may collect general location information inferred from your IP address which is used for purposes such as verifying your time zone.

Analytics and Advertising. Waking Up also uses third-party analytics and advertising tools to measure traffic and usage trends on our Services and to serve advertisements on our behalf across the internet. These tools assist us in improving our website and help us better understand which ads bring users to our Services. For more information about interest-based ads or to opt out of having your web browsing information used for interest-based advertising purposes, please visit https://ww.aboutads.info/choices or https://www.youronlinechoices.eu.

Information We Collect from Other Sources

We may also obtain Personal Information from other sources. For instance, we may collect Personal Information about you from:

Payment Processors. In general, when you purchase a subscription from Waking Up, your payment card information is provided directly to our third-party payment processor and Waking Up does not collect or store that information. However, we may receive limited information about your payment card such as the last four digits of your card, the country of issuance, and the expiration date.

Another Waking Up User. We may collect Personal Information from another Waking Up user if that user provides us with your email address in order to gift you a monthly or annual subscription.

Third-Party App Stores. We may receive certain transaction information from third-party app stores such as Apple’s App Store and Google’s Play Store when you use those platforms to install our app or purchase a subscription. For instance, when you make a purchase or cancellation, we collect information about the transaction, such as the date and time of the transaction, the price paid, and the expiration date for the subscription or free trial.

We may combine the information we collect about you from these various sources. If a combination of information that we collect identifies you as an individual, we will treat the combined information as Personal Information.

3. HOW WE USE THE INFORMATION COLLECTED

We use the information described above to do the following:

  • To provide the Services or information you request, including processing your purchases and identifying you when you sign-in to your account;

  • To provide notifications and meditation reminders, including through push notifications;

  • To provide recommendations to content and information we think will be of interest to you;

  • To communicate with you about products, services, offers, promotions, and events we offer;

  • To request feedback and to otherwise contact you about your use of the Services;

  • To communicate with you and respond to your emails, submissions, questions, inquiries, comments, requests, and suggestions;

  • To post testimonials;

  • To monitor and analyze Services usage and trends and otherwise measure the effectiveness of the Services;

  • To identify, fix, and troubleshoot bugs and service errors;

  • To send you confirmations, updates, security alerts, and support and administrative messages,

  • To protect against, identify, investigate, and respond to misuse of our Service or other unlawful behavior;

  • To notify you about important changes to our Services; and

  • To carry out any other purpose described to you at the time the information was collected.

4. WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?

We may share information about you with certain third parties in the following circumstances:

Companies under Common Control. We may share information between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with Waking Up.

Third Parties Providing Services on Our Behalf. In order to carry out your requests, to make various features, services, and materials available to you through the Services, and to respond to your inquiries, we may share your Personal Information or Usage Information with third parties that perform functions on our behalf, such as companies or individuals that host or operate our Services, analyze data, or provide customer service.

Other Third-Party Systems, Such as the Apple Health App and Google Fit. If you choose to connect the Waking Up App to third-party systems such as Apple’s Health app or Google Fit, we will supply certain information, such as the amount of time you spend on mindfulness activities using our app to your Health app or Google Fit database. Please note that we only share information to and do not read any information from these databases. Before you tell us to share your information with another system, we encourage you to review the applicable privacy policy and terms of use for that system as any information you instruct us to share will become subject to those policies and we are not responsible for safeguarding any information stored within those systems.

Business Transfers. We may share Personal Information with another company in connection with or during negotiations of any merger, acquisition, financing, re-organization, bankruptcy, sale of all or a portion of our assets, or transition of services to another provider.

Legal Disclosure. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Service or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Services, or the public.

Consent. We may share Personal Information with third parties with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information.

We may also share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information, which cannot reasonably be used to identify you for various purposes including compliance with various reporting obligations and for business or marketing purposes.

5. OUR LEGAL BASES FOR HANDLING YOUR PERSONAL INFORMATION

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to use or disclose your Personal Information. To the extent those laws apply, our legal grounds are as follows:

Legitimate Interest. In most cases, we handle Personal Information on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

  • Providing the Service pursuant to our contract with our customers;

  • Marketing our business;

  • Protecting our customers, personnel, and property; and

  • Analyzing and improving our business.

Legal Compliance. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.

To Honor Our Contractual Commitments to an Individual. Some of our processing of Personal Information is to meet our contractual obligations to the individual to whom the Personal Information pertains.

Consent. Where required by law, and in some other cases, we handle Personal Information on the basis of implied or express consent. For instance, in relation to direct marketing, we will obtain and rely on your consent in relation to the processing concerned.

6. YOUR RIGHTS AND CHOICES

You have a variety of rights and choices related to our use of your Personal Information.

Opting Out of Email Marketing. You can opt out of receiving our promotional emails at any time by following the instructions included in those emails. Please be aware that it may take up to 10 days for us to process your request, and you may continue receiving promotional communications from us during that period. If you opt out of receiving such communications, please be aware that we may continue to send you non-promotional emails (such as emails related to our business relationship or emails about changes to our legal terms).

Restricting Cookies/Do Not Track. Our Services are not currently designed to respond to web browser “do not track” signals. However, you can configure most browsers to reject cookies or to notify you when you are sent a cookie, giving you a chance to decide whether or not to accept it. You can consult the help section of your browser to find out how to do this. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. In the event that a universally accepted standard emerges on how organizations should respond to “do not track” signals, we will assess and provide an appropriate response to those signals.

Limiting Information in Your Profile. You can control the information we collect about you by limiting the information you provide through your profile.

Accessing, Updating, or Deleting Your Information. If you would like to access, update, or delete Personal Information you have provided you may do so by emailing us at privacy@wakingup.com. Please note that if you choose to close your account, we may keep certain Personal Information as necessary to comply with our legal obligations or for legitimate business purposes, such as to resolve disputes or enforce our agreements. We may also keep cached archived copies of Personal Information for a certain period of time.

Disabling Push Notifications. With your consent, we may share push notifications or alerts to your mobile device. We use push notifications to inform you of important updates and to send you meditation reminders. You can manage or deactivate these notifications at any time by turning off the notifications setting in the app or by disabling notifications through the device settings on your mobile device. If you choose not to receive push notification, you will still receive in-app notifications in the “Notifications” section of the app.

Limiting Device Permissions. With your consent, we may access your mobile device’s camera, microphone, or storage features. However, we will never import any photos or audio files other than those you explicitly choose to share. At any time, you can turn off these features using the device settings of your mobile device.

Data Requests. Certain privacy laws, including the GDPR and the CCPA provide users with rights related to their Personal Information. Depending on your location, you may be eligible for a number of rights with respect to your information.

  • Right to Access & Portability: You may be able to access certain Personal Information associated with your account by visiting your account settings. You can also request a copy of your Personal Information in an easily accessible format along with information explaining how that data is used.

  • Right to Correction: You have the right to request that we correct information about you. You can correct and change certain Personal Information associated with your account in your account settings or by emailing us at privacy@wakingup.com.

  • Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your Personal Information.

  • Right to Deletion: In certain circumstances, you have the right to request the deletion of your Personal Information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of the Services.

  • Right to Object: If we process your Personal Information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will stop processing your Personal Information unless we have a compelling legitimate ground to continue processing or where it is legally necessary.

  • Right to Withdraw Consent: Where we rely on consent, you can withdraw your consent to our processing by using various means we offer such as an email unsubscribe link or your account settings. This is without prejudice to your right to permanently close your account and delete your Personal Information.

The CCPA provides California residents with the following additional rights:

  • Right to Know. California residents may request disclosure of the specific pieces and/or categories of Personal Information that we have collected about them, the categories of sources for that Personal Information, the business or commercial purposes for collecting the information, the categories of Personal Information that we have disclosed, and the categories of third parties with which the information was shared. To request this information please contact us at privacy@wakingup.com.

  • Right to Opt-Out. Waking Up does not sell Personal Information to third parties for monetary value. However, the term “sale” is defined broadly in the CCPA. To the extent that “sale” under the CCPA is interpreted to include any of the data uses described in Section 3, “How We Use the Information Collected” above, California residents are entitled to opt-out of the “sale” of data at any time.

Limiting use of, or deleting, your Personal Information may affect features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services.

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. Before responding to your request, we may require that you provide us with additional information to confirm your identity. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification. We may verify the authenticity of the request directly with you. You also have the right to lodge a complaint with the authorities applicable to your situation. However, we invite you to contact us with any concern, as we would be happy to try to resolve it directly.

Notice of Collection: In addition to the rights and choices described above, the CCPA requires disclosure of the categories of Personal Information collected over the past 12 months. While this information is covered in greater detail in Section 2, “Information Collected on Our Services” above, the categories of Personal Information that we have collected – as described by the CCPA – are:

  • Identifiers, including your name, email address, IP address, and Unique Identifier (e.g., mobile device ID).

  • Other individual records, such as your city and the last four digits of your payment card. This category includes Personal Information protected under Cal. Civ. Code 1798.80e and overlaps with other categories listed here.

  • Commercial information, such as the subscriptions and gift cards you have purchased and your engagement with our Services.

  • Internet activity, including your navigation of our Services and what led you to Waking Up.

  • Geolocation data, including general location data derived from IP addresses and location-enabled services such as Wi-Fi.

  • Sensory information, including photographs.

  • Inferences, including information about your interests and preferences.

Business or Commercial Purpose for Collecting and Using Personal Information. We collect each category of Personal Information listed above for the business or commercial purposes described in Section 3, “How We Use the Information Collected” above.

Categories of Sources of Personal Information. We collect each category of Personal Information listed above directly from you, through automatic data collection means, or through the third-party sources described in Section 2, “Information Collected on Our Services” above.

Categories of Personal Information Disclosed. In the preceding 12 months, we have disclosed the categories of Personal Information listed above in the circumstances described in Section 4, “What Personal Information Do We Share with Third Parties” above.

Shine the Light. California Civil Code § 1798.83, also known as the “Shine The Light” law, permits California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. Waking Up does not share Personal Information with third parties for their direct marketing purposes.

7. LINKS TO OTHER SITES

We may provide links to third-party websites, services, and applications that we do not own or operate. This Privacy Policy does not apply to the privacy practices of those third parties. The fact that we link to a website, service, or application is not an endorsement, authorization, or representation of our affiliation with that third party. We encourage you to review the privacy policies of any third-party service before providing any Personal Information to or through them.

8. HOW WE PROTECT PERSONAL INFORMATION

We maintain certain administrative, technical, and physical safeguards to help protect against loss, misuse or unauthorized access, disclosure, alteration, or destruction of your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.

9. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We only keep your Personal Information for so long as reasonably necessary for the purposes described in this Privacy Policy, as required by law, or as necessary to resolve disputes and enforce our rights and agreements. To dispose of Personal Information, we may anonymize it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States where we are based or in any country where we have operations or where we engage vendors or service providers. By using the Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.

11. CHILDREN UNDER 13

Our Services are directed at adults and we do not knowingly collect Personal Information from children. If you are a parent or legal guardian and think your child under 13 (or a higher age threshold where applicable) has given us Personal Information without your consent, please contact us at privacy@wakingup.com

12. UPDATES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time to time to reflect changes in our practices or in the law. If we make changes to this policy, we will post the updated Privacy Policy on our website and indicate when it was last revised. You are advised to review this policy periodically to stay informed of our practices. If we make material changes, we may provide you with additional notice, such as posting a statement on our homepage or sending you an email notification, if we have your email address on file. Your continued use of the Services after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy, to the extent permitted by law.

13. HOW TO CONTACT US

If you have any questions about our Privacy Policy or how we protect your Personal Information, please contact us at privacy@wakingup.com or you may write to us at:

Waking Up, LLC 16633 Ventura Blvd., Suite 815 Encino, CA 91436