Privacy Policy

Overview

This Privacy Policy describes how Breethly, Inc. (“Breethly,” “we,” “us,” or “our”) collects, uses, and discloses your personal information when you visit breethly.io (the “Site”), join our waitlist, use our app and device, make a purchase, or otherwise communicate with us (together, the “Services”).

For the purposes of this policy, “you” means the individual whose information we have collected, whether you are a customer, a member, a website visitor, or a person on our waitlist.

Please read this policy carefully. By using the Services, you agree to the collection, use, and disclosure of your information as described here. If you do not agree, please do not use the Services.

Wellness, not healthcare. Breethly is a consumer wellness product. The breath and activity information we process is consumer wellness data; it is not medical or clinical data, and we do not use it to diagnose, treat, cure, or prevent any disease. See our Terms of Service for more.

Definitions

• Account: a unique account created for you to access the Services or parts of them.
• App: the Breethly application that pairs with the device and displays your sessions and scores.
• Device: the Breethly handheld hardware, and, separately, any device you use to access the Services (such as a phone, tablet, or computer).
• Personal information: information that identifies, relates to, describes, or can reasonably be associated with you.
• Processor / service provider: a company that processes information on our behalf and under our instructions.
• Usage data: information collected automatically through your use of the Services or generated by our infrastructure (for example, the duration of a page visit).

Information we collect

Information you give us directly

Depending on how you interact with us, this may include:

• Waitlist details: your email address (and, optionally, your name) when you join the Breethly waitlist. Waitlist entries are stored in our own database.
• Contact details: your name, email address, and, where you provide them, phone number and address.
• Order information: your name, billing and shipping address, order confirmation, and email address when you purchase a device or membership.
• Account information: your username, password, and similar credentials.
• Shopping information: items you view, add to your cart, or add to a wishlist.
• Support information: anything you choose to include when you contact us, such as the contents of a message.

Some features require certain information to work. You can choose not to provide it, but doing so may prevent you from using those features.

Information we collect automatically (usage data)

When you use the Services, we collect usage data automatically. This may include your device’s IP address, browser type and version, the pages you visit, the time and date of your visit, the time spent on those pages, device identifiers, and similar diagnostic data. When you use a mobile device, we may also collect your mobile device type, operating system, and unique device identifiers.

Information from payment and platform providers

When you make a purchase, our payment processor collects the payment details needed to complete your order (such as card information and billing address) so we can fulfill the products and services you have requested. We receive order confirmation and related information back from them, but we do not store full payment card numbers ourselves.

Breath & wellness data

The Breethly app and device exist to help you train calmer, steadier breathing. To do that, the app collects information generated by your sessions, what we call your wellness data. With your permission, this may include:

• Breath and session telemetry from the device, such as breath pace, session length, and the signals used to render real-time biofeedback.
• Nervous-system and Calm Score data: the wellness metrics the app derives from your sessions to show your progress over time.
• Location information, only if you choose to enable it, to provide and improve certain features. You can turn this off at any time in your device settings.

This information is treated as consumer wellness data, not medical or clinical data. We use it to power the features you have asked for (your live biofeedback, your Calm Score, and your session history) and to improve how the Services work. It may be stored on your device and, where needed to provide a feature, synced to our servers or to a processor acting on our behalf.

We do not sell your breath or wellness data, and we do not use it to target you with advertising.

Cookies & tracking technologies

We use cookies and similar technologies, including pixels, tags, and scripts, to run the Site, remember your preferences, understand how the Services are used, and support our marketing. Cookies can be “session” cookies (deleted when you close your browser) or “persistent” cookies (which remain until they expire or you remove them). We use both.

You can set your browser to refuse cookies or to tell you when one is being set. If you do, some parts of the Services may not work properly. For full detail on the categories of cookies we use and how to control them, see our Cookie Policy.

How we use your information

• To provide products and services. To process your payments, fulfill and ship your orders, manage your account and membership, send transactional notifications (such as order, renewal, and shipping updates), and deliver the app and device features you use.
• To run the waitlist. To confirm your spot, keep you updated on launch, and let you know when you can order.
• For marketing and communications. To send you marketing and promotional messages by email where you have opted in, and to tailor what we show you. You can opt out at any time (see Your rights & choices).
• For analytics and improvement. To understand how the Services are used so we can improve them.
• For security and fraud prevention. To detect, investigate, and act on fraudulent, illegal, or malicious activity, and to keep accounts secure.
• For legal and operational reasons. To comply with applicable law, enforce our terms, and protect our rights and the rights of others.

Third-party processors

We rely on a small set of trusted service providers to operate the Services. They process information only on our behalf and under our instructions. Today these include:

• Supabase: our application database and backend, used to store waitlist entries, accounts, and related records.
• Klaviyo: our email marketing platform, used to send and manage marketing communications to people who have opted in.
• Analytics providers: used to measure and improve how the Site and app are used.
• Payment and fulfillment providers: used to process payments and ship orders when commerce is live.

Note: the specific processors above reflect our current stack and may change as the Services evolve. We will keep this list reasonably up to date and will always require providers to protect your information.

How we disclose personal information

We may disclose your personal information for the legitimate purposes described in this policy, including:

• With vendors and service providers who perform services on our behalf: for example, IT and cloud hosting, payment processing, analytics, customer support, and fulfillment and shipping.
• With marketing partners to deliver communications you have asked for, who will use your information in line with their own privacy notices.
• When you direct or consent to a disclosure, for example, to ship you a product.
• With our affiliates and within our corporate group, in our legitimate interest in running the business.
• In connection with a business transaction such as a merger or acquisition; to comply with legal obligations (including responding to subpoenas and similar requests); to enforce our terms; and to protect our rights and the rights of others.

We do not sell your personal information for money. We do not use your breath or wellness data for cross-context behavioral advertising.

Categories of personal information we may disclose include identifiers (such as contact details), commercial information (such as order and shopping information), and internet activity (such as usage data).

Data retention

How long we keep your personal information depends on why we collected it, for example, whether we need it to maintain your account, provide the Services, comply with our legal obligations, resolve disputes, or enforce our agreements. We retain usage data for internal analysis. When we no longer need information, we delete or de-identify it. Even after you ask us to delete information, we may need to retain certain records where we have a legal obligation or lawful basis to do so.

Security

We use administrative, technical, and organizational measures designed to protect your personal information. Please be aware, however, that no method of transmission or storage is perfectly secure, and we cannot guarantee absolute security. Any information you send to us may not be secure while in transit, so we recommend you do not use unsecured channels to share sensitive or confidential information. You are responsible for keeping your account credentials safe; if you believe your account has been compromised, please contact us immediately.

Your rights & choices

Depending on where you live, you may have some or all of the rights below. These rights are not absolute and may apply only in certain circumstances; in some cases we may decline a request as permitted by law.

• Access / know. Request access to the personal information we hold about you, including how we use and share it.
• Delete. Request that we delete personal information we maintain about you.
• Correct. Request that we correct inaccurate personal information.
• Portability. Request a copy of your personal information and, in certain cases, ask us to transfer it to a third party.
• Opt out of marketing. Unsubscribe from marketing emails at any time using the link in those emails. We may still send you non-promotional messages about your account or orders.
• Opt out of “sale” or “sharing” as those terms are defined under laws such as the CCPA. As noted above, we do not sell your personal information for money.
• Restrict or object to processing, and withdraw consent where we rely on it (without affecting processing already carried out).
• Appeal. If we decline your request, you may appeal by replying to our decision.

To exercise any of these rights, contact us at privacy [at] breethly.io. We will not discriminate against you for exercising your rights. We may need to verify your identity before responding, and you may use an authorized agent where the law allows (we may ask the agent for proof of authorization). If you have a complaint about how we handle your information and are not satisfied with our response, you may have the right to contact your local data protection authority.

International users

Breethly is based in the United States, and we process and store information here. If you access the Services from outside the United States, your information may be transferred to, stored in, and processed in the United States and other countries whose data protection laws may differ from those in your jurisdiction. Where we transfer personal information out of the European Economic Area or the United Kingdom, we rely on recognized transfer mechanisms, such as the European Commission’s Standard Contractual Clauses or an equivalent, unless the destination is recognized as providing an adequate level of protection. By using the Services and submitting your information, you consent to this transfer.

Children’s privacy

The Services are not intended for children, and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at privacy [at] breethly.io and we will delete it. We do not knowingly “sell” or “share” (as defined under applicable law) the personal information of individuals under 16 years of age.

Changes to this policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. When we do, we will post the revised policy on the Site and update the “Last updated” date above. If changes are significant, we will take any additional steps required by law.

Contact us

If you have questions about this policy or our privacy practices, or you would like to exercise your rights, contact us at privacy [at] breethly.io. For the purposes of applicable data protection law, Breethly, Inc., a Delaware corporation headquartered in New York, NY, is the controller of your personal information.