Consumer Health Data Privacy Policy
This Consumer Health Data Privacy Policy explains how SHORESIDE LLC, doing business as BreathBeats ("BreathBeats," "we," "us" or "our"), collects, uses, shares and otherwise processes consumer health data in connection with the BreathBeats mobile application (the "App"), our website at breathbeats.app and related services (together, the "Services"). It also explains the rights available to you under Washington's My Health My Data Act, Nevada's consumer health data law and similar state laws. "Consumer health data" has the meaning those laws give it: in general, personal information that is linked or reasonably linkable to you and that identifies your past, present or future physical or mental health status. Our Privacy Policy describes how we handle other personal information.
1. Consumer Health Data We Collect, Its Sources and How We Use It
The table below lists the categories of consumer health data we collect, where each comes from, and why we collect it and how we use it.
| Category | What it includes | Source | Why we collect it and how we use it |
|---|---|---|---|
| Wellness activity information | The breathing patterns you choose, when and for how long you use them, and whether you complete a session | You, through your use of the App | To provide the features you request, such as running sessions and keeping your session history; to secure and maintain the Services; and, if you have agreed to analytics, to understand and improve the Services |
| Breathing timing derived on your device | Estimates of when you breathe out, derived in camera mode from facial points the App detects in camera frames | Your device's camera, processed on your device | To pace the on-screen guide and adjust the music during your session. Processed only on your device and not sent to us |
| Information you choose to share | Information about your health or wellbeing that you choose to give us, for example in feedback, a support request or an optional feature | You | To respond to you and to provide the feature you are using |
| Inferences | Preferences we derive from the information above, such as your preferred patterns | Derived from the categories above | To personalize the Services you request |
| Account and subscription information | Your sign-in identifiers, email address and subscription status, to the extent they show that you use the Services | You, the sign-in service you use, the app store and our subscription-management provider | To provide your account and subscription and to support you |
How we process consumer health data. Breathing timing derived from the camera is processed only on your device. Other consumer health data is sent from the App to our servers using encryption in transit and is stored in [the United States] by us and by processors acting on our behalf; our network providers may handle it in transit in other countries. If you use the App without an account, your session history is kept only on your device. If you have agreed to analytics, the App also sends us a usage event when each session ends, which includes the pattern, how long the session lasted and whether you finished it, tied to a random identifier for your installation rather than to your name or an account.
We do not buy consumer health data or collect it from data brokers, and we do not use consumer health data for advertising or marketing.
2. How We Share Consumer Health Data
We do not sell consumer health data.
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Processors. We disclose consumer health data to processors that provide services to us, such as cloud hosting and database providers; network, content delivery and security providers; subscription-management providers; and email and support-inbox providers, under contracts that allow them to process it only on our instructions and require them to protect it.
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Third parties. We share consumer health data with third parties only (a) with your consent, with the recipients we describe when we ask; (b) with a successor, as part of a merger, acquisition, bankruptcy or similar transaction, if the successor agrees to comply with this Policy and applicable law; and (c) with government authorities or parties to legal proceedings, when the law requires it. The categories of consumer health data that we may share in these circumstances are those listed in Section 1, except breathing timing derived on your device, which we do not receive.
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Affiliates. We do not share consumer health data with any affiliate.
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Tracking. We do not allow third parties to collect consumer health data about you over time and across different websites or online services when you use the Services.
3. Consent
Except to the extent necessary to provide a product or service you have requested, we do not collect consumer health data without your consent, and we do not share it without your separate consent. When we ask for consent, we will clearly tell you the categories of consumer health data involved; why we want to collect or share it and how we will use it; if we will share it, the categories of recipients; and how you can withdraw your consent. You can withdraw consent at any time in the App's settings, where available, or by contacting us. Withdrawing consent does not affect processing that took place before you withdrew it.
4. Your Rights
Subject to exceptions in applicable law, you have the right to:
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confirm and access: confirm whether we collect, share or sell your consumer health data, and access it, including a list of all third parties and affiliates with whom we have shared it or to whom we have sold it, with an active email address or other online way to contact each of them;
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withdraw consent to our collection and sharing of your consumer health data;
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stop collection or sharing: ask us to stop collecting, sharing or selling your consumer health data;
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delete your consumer health data; when we delete it, we will also notify every processor, affiliate and third party with whom we shared it of your request; and
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review and correct: review your consumer health data and ask us to correct it.
How to make a request. You can delete your data in the App's settings[, which also deletes the usage analytics sent from your installation], or email us at support@breathbeats.app. We will verify your request, for example by confirming that you control the email address associated with your account. We will respond within 45 days after we receive your request. If reasonably necessary, we may extend that period once by up to 45 more days, and we will tell you why within the first 45 days. We will complete a deletion within 30 days after we verify the request, and in any event within that response period, except that data held in backup systems is deleted when those backups are overwritten, within [30 days]. Your first two requests in any 12-month period are free; after that, we do not charge unless a request is manifestly unfounded, excessive or repetitive.
Appeals. If we decline to act on your request, you may appeal by replying to our decision, or by emailing support@breathbeats.app with "Appeal" in the subject line. We will respond in writing within 45 days after we receive your appeal, explaining any action we took or did not take and our reasons. If we deny your appeal, you may contact your state attorney general:
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Washington: Office of the Attorney General, atg.wa.gov/file-complaint, 1-800-551-4636
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Nevada: Office of the Attorney General, ag.nv.gov/Complaints/CSU_Complaints___FAQ, (775) 684-1100
5. Changes to This Policy
If we make a material change to this Policy, we will notify you in advance in the App, by email or on the Site, and post the updated Policy with its effective date. Before we collect a category of consumer health data that this Policy does not describe, or use or share consumer health data for a purpose it does not describe, we will ask for your consent.
6. Contact Us
SHORESIDE LLC, doing business as BreathBeats · 221 1st Ave SW, Suite 610, Rochester, MN 55902 · support@breathbeats.app