Hatch Privacy Policy

Please visit our Hatch U.S. State Privacy Notice, below, for more details about how we handle personal information and how to exercise your rights.

Your privacy is important to us at Hatch Baby, Inc. ("we", "us", "our"). This privacy policy ("Privacy Policy") describes the collection, use and disclosure of your information when you use our “Offerings” (described below).

This Privacy Policy also informs you as to your choices regarding use and disclosure of your Personally Identifiable Information. If you have questions, comments, or concerns about our privacy policy, please contact us at https://www.hatch.co/support.

We use your Personal Information to provide and improve our Offerings. By accessing any Hatch Offerings, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Offerings. Each time you use our Offerings, the current version of the Privacy Policy will apply.

1. OUR “OFFERINGS”:

Websites (including but not limited to https://www.hatch.co/)

Apps (including but not limited to Hatch Baby, Hatch Sleep)("apps"),

Products (including but not limited to The Smart Changing Pad®, Hatch Rest, Hatch Rest+, Hatch Grow, Hatch Restore) ("products")

2. INFORMATION COLLECTION

We may collect a variety of information from or about you or your devices from various sources, as described below.

2.1 INFORMATION YOU PROVIDE TO US WHEN CREATING AN ACCOUNT

Registration and Account Information. When you sign up for an account, we ask you for your email address.

2.2 INFORMATION YOU PROVIDE US WHILE USING THE HATCH SLEEP AND, HATCH BABY APPS

While you are using the apps we collect certain Personally Identifiable information including, but not limited to, your name and your email address. Android requires that location services be turned on to actively connect to BLE devices. We do not collect or use that information in our apps.

While you are using the apps, we may also collect certain Personally Identifiable information including, but not limited to, your child's name, child's birthday, and/or child's gender.

While using the Hatch Baby app you may also record various information about activities depending on what features of the app you chose to use. These may include, but are not limited to, weights, sleeps, feedings, pumpings and length. This information is displayed to you through the daily summary, daily schedule, daily activity and stats for your own personal use when tracking your baby's activities.

When using the Hatch apps, you may also provide us with contact information for other individuals, such as your friends and family, in order to invite them to see your child's information. By submitting personal information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

When you use our Expert Chat feature, you may choose to input information about yourself or your baby, including your baby's name or age, or information about or relating to sleep patterns, habits, concerns, disability, or family medical history. We collect this information, your questions and our Expert responses. This information is linked to you (i.e., baby's parent, guardian, or caregiver) as the registered user of Hatch Baby.

Please note that the information you voluntarily submit may be considered sensitive information in some countries. To ensure that we process the least amount of information about you or your child, you may choose not to provide certain information, such as your baby's name or medical history. By providing the information described above when you use the Expert Chat feature, you consent to Hatch processing it to provide our Offerings, in accordance with this Privacy Policy, including to enhance our Offerings and improve the accuracy of our responses. You can always ask us to delete all your messages within the Expert Chat by contacting us at https://www.hatch.co/support. We do not sell or share, or use for targeted advertising the information we collect through the Expert Chat feature.

Our Sleep Guides are self-paced educational modules that are intended to help caregivers address common sleep issues with their babies over time. We collect information about the Sleep Guides you view. We link this information to you (i.e., baby's parent, guardian, or caregiver) as the registered user of Hatch Baby.

2.3 INFORMATION YOU PROVIDE US WHILE USING WEBSITE

While using our Website, if you purchase a product or create an account, we may ask you to provide us with certain Personal Information that can be used to contact or identify you including, but not limited to, your name, email address, postal address and phone number.

Contact Forms. If you complete one of our contact forms, we may collect information such as your name, email address, the product you are inquiring about, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through a third party service, such as Greenhouse. If you do so, we will collect the information you make available to us through that service.

User Content, Tuck-Ins (audio recordings), and Other Features. When using certain features on our Website, such as the Tuck-Ins by You feature, you may provide your name along with a recording of your voice or other content. Any content you provide will be considered User Content as described in our Terms of Service. By using the Tuck- Ins by You feature, you consent to our sharing your name and the User Content you provide with the person who invited you to provide the User Content for the Tuck-Ins feature. We will use the User Content you provide to allow that person to access your User Content for playback on their Hatch Rest and/or Rest+ device using the Hatch Sleep app.

Payment Information. If you make a payment on our Offerings, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf. We may also request your name, phone number, and address.

2.4 INFORMATION WE AUTOMATICALLY COLLECT WHEN YOU USE OUR SERVICES

Usage Information. We automatically receive information about your interactions with our Offerings. Usage Data may include information such as your device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Device Information. We receive information about the device and software you use to access our Offerings. When you access the Website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, open rates and engagements between push notifications, and other diagnostic data. We may also collect information that your browser sends whenever you visit our Website or when you access the Website by or through a mobile device.

Information from Cookies and Other Tracking Technologies. We and our third-party partners collect information about your activities on our Offerings using cookies, pixel tags, SDKs, or other tracking technologies. Our third-party partners, such as analytics, advertising, and security partners, may also use these technologies to collect information about your online activities over time and across different services.

2.5 INFORMATION WE COLLECT THROUGH COMMUNICATIONS WITH YOU

Communications. If you contact us directly, we may receive additional information about you, such as your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. When you communicate with us online, third party vendors receive and store these communications on our behalf. When we send you emails, we may use embedded pixels or other technologies to track information about your receipt and interaction with our emails, such as whether and when you open them, whether you access any links included in our emails, how long you read our emails, whether you forward our emails and to whom, your location information, and your Device Information (described above), to learn how to deliver a better customer experience and improve our Offerings.

2.6 INFORMATION WE RECEIVE FROM OTHER SOURCES

Information from Third-party Services. If you choose to link our Offerings to a third-party account, we may receive information about you. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.

3. HOW WE USE YOUR INFORMATION

We use the information we collect:

• To provide and maintain our Offerings, monitor usage of our Offerings, and personalize your experience in our apps and websites;
• To manage your account, communicate with you about your account, requests and transactions, provide information that you request, respond to comments and questions, and otherwise provide customer support;
• To facilitate transactions and payments;
• To send you text messages and push notifications;
• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;
• To run diagnostic reports on our Products and Apps;
• To generate anonymized or aggregate data containing only de-identified, non-personal information that we may use for any lawful purposes;
• To assist you in resolving issues with Products and Apps;
• To understand and analyze how you use our Offerings and develop new products, services, features, and functionality;
• To find and prevent fraud and abuse, and respond to trust and safety issues that may arise;
• For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency;
• For other purposes for which we provide specific notice at the time the information is collected.

4. HOW WE DISCLOSE YOUR INFORMATION

As part of our Offerings, we may disclose your information for the following purposes:

• To vendors and service providers retained in connection with the provision of our Offerings.
• To analytics providers such as Google Analytics in order to collect and process certain analytics data. You can learn more about Google's practices by visiting https://www.google.com/policies/privacy/partners/.
• To include you in a giveaway with our advertising and marketing partners in order to promote our Offerings, including joint marketing partners and affiliates.
• To serve you advertisements regarding goods and services that may be of interest to you when you access and use our websites, online services and apps. In these cases we may use third-party advertising companies and these companies may place or recognize a unique cookies or other tracking technologies on your browser (including through use of pixel tags). To learn more about these practices, and to learn about your choices in connection with it, in the United States please visit the Digital Advertising Alliance's Self-Regulatory Program for Online Behavioral Advertising at www.aboutads.info, or the Network Advertising Initiative at www.networkadvertising.org. These opt-outs will apply only to our third-party advertising partners that are members of these organizations. These opt-outs will not apply. For European users, see section 10 below.
• To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected. To our current or future affiliates for any of the purposes described in this Privacy Policy.
• If required to do so by law or in the good faith belief that such action is appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• You may choose to share your Personal Information or otherwise interact in public areas of our Offerings and your information will be shared accordingly.
• We may disclose your Personal Information for any other purpose with your consent.

5. Third Parties

Our Offerings may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third- party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

6. Children's Privacy

You must be at least eighteen (18) years of age to register for and use our Offerings. Our Offerings are intended for parents and are not directed to children. We request children under the age of 18 not provide personal information through our Offerings.

7. Your Choices

From time to time, we send marketing e-mail messages to our users. If you no longer want to receive such emails from us on a going forward basis, you may opt-out via the "unsubscribe" link provided in each such email.

8. Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of our Offerings and related data.

Regarding the Audio Monitor in Rest+, you're required to be on the same network as your Rest+ and the audio never leaves your house. Rest+ has several layers of security in place, starting with your WiFi network, your Hatch account, our internal security protocols, etc. Access must be expressly granted to your WiFi network and to your Rest+ device in order to use the audio monitor.

9. Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Offerings

10. International Visitors

Our Offerings are hosted in the United States and intended for visitors located within the United States. If you choose to use the Offerings from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the U.S. for storage and processing. We may also transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Offerings. We ensure that appropriate safeguards including use of UK/European Union standard contractual clauses are used in accordance with applicable laws.

For users based in the UK or European Economic Area, the following provisions also apply:

10.1 Lawful Basis:

European privacy laws require us to have a lawful basis for our processing activities. We have set this information out below alongside the purposes we use your Personal Information for as set out in section 3 above:

• To provide and maintain our Offerings, monitor usage of our Offerings, and personalize your experience in our apps and websites. Our lawful basis is performance of contract to provide the service. Personalisation is based on your cookie settings or otherwise our legitimate interests in providing a more user-friendly experience.
• To manage your account, communicate with you about your account, requests and transactions, provide information that you request, respond to comments and questions, and otherwise provide customer support. Our lawful basis is performance of a contract to provide the Offerings.
• To facilitate transactions and payments. Our lawful basis is performance of a contract to manage the Offerings. We also need to retain and process certain payment records to comply with accounting and tax legal requirements.
• To send you text messages and push notifications. Our lawful basis is consent to receive these messages in line with your choices when setting up the service and any changes to your preferences you make from time to time.
• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you. Our lawful basis is consent to receive direct marketing.
• To run diagnostic reports on our Products and Apps. We rely on our legitimate interests in running analytics and improving and supporting our Products and Apps.
• To generate anonymized or aggregate data containing only de-identified, non-personal information that we may use for any lawful purposes. We rely on our legitimate interests for this process in order to help with improvement of the Offerings. Once anonymised, data is no longer Personal Information.
• To assist you in resolving issues with Products and Apps. Our lawful basis is performance of a contract to help you in receiving the Products and Apps from us.
• To understand and analyze how you use our Offerings and develop new products, services, features, and functionality. Our lawful basis is our legitimate interests in innovation and improvement of the Offerings.
• To find and prevent fraud and abuse, and respond to trust and safety issues that may arise. Our lawful basis is our legitimate interests in managing our service to reduce and remove fraud and other concerns. In some cases, this may be required to comply with specific legal requirements.
• For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency. Our lawful basis is our legitimate interests and defence of claims and legal action.
• Where we use cookies or similar technologies, our lawful basis is consent for any non-essential cookies and you will be presented with a preference center where you can make and change your selections at any time.
• As explained above, for the Expert Chat and Tuck In features, we rely on your consent to process any information you choose to disclose to us and others. You can stop using the features, change who can access the content and delete content at any time.

For other purposes for which we provide specific notice at the time the information is collected

10.2 Rights

European privacy laws provide for various rights as follows although please note that rights are not absolute and therefore may not apply or be subject to certain exemptions:

• The right to request that we provide you with a copy of your Personal Information.
• The right to correct, or delete the specific pieces of Personal Information we have collected about you.
• The right to withdraw consent where you have given it.
• The right to ask us to temporarily stop processing your Personal Information, for example, while we verify its accuracy or review and objection you have raised.
• The right to object to processing where we rely on legitimate interests. Please note that in some cases, we may demonstrate that we have legitimate grounds to process your information which override your rights and freedoms.
• The right to port certain Personal Information to a new provider if technically feasible or to have a copy of your Personal Information provided in a structure machine-readable format.
• The right to make a complaint to your data protection regulator.
• The right to make a complaint to us.

The above rights can be exercised by writing to us at https://www.hatch.co/subject-rights-requests.

10.3 Retention

We will retain Personal Information for a time period required or allowed by applicable regulations or laws and as needed to fulfill business purposes outlined above, including providing you the Offerings, complying with our legal obligations, resolving disputes, and enforcing our agreements,. Our retention of information is based on many factors such as your relationship with Hatch, the nature of the information, compliance with our legal obligations, and defending or resolving actual or anticipated legal claims.

11. Changes to our Privacy Policy

We may change our Privacy Policy from time to time at our sole discretion. We encourage visitors to frequently check this page for any changes to our Privacy Policy. Your continued use of our products and services after any change in this Privacy Policy will constitute your acceptance of the change. Where required under relevant laws we will alert you to any material changes.

12. Inquiries

If you have any questions, feel free to contact us at: https://www.hatch.co/support.

Hatch U.S. State Privacy Notice Addendum

This U.S. State Privacy Notice Addendum (this “Notice") supplements the information and disclosures contained in our Privacy Policy. It applies to the residents of the following U.S. states: California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia (the “Covered States”). This Notice explains how we collect and process Personal Information as a “business” or “controller” and how you can exercise your rights under these states’ comprehensive privacy laws (the “U.S. State Privacy Laws”). 

Personal Information means information that the U.S. State Privacy Laws define as “Personal Information” or “Personal Data.” Generally speaking, this means any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal Information does not include information that is deidentified or aggregated, or otherwise excluded from the scope of the U.S. State Privacy Laws, such as publicly available information. 

1. Sources of Personal Information We Collect 

We collect Personal Information from you when you provide it to us or automatically through our services. We may also obtain information about you from other sources, such as third-party authentication (SSO) providers.   

2. Categories of Personal Information We Collect, Process, and Disclose to Third Parties; and the Purposes of Processing 

The information we collect, use, and disclose about you will vary depending on how you interact with our Services. The chart below sets forth how we may collect, use, and disclose Personal Information and how we may have collected, used, and disclosed personal information over the past 12 months.

We disclose Identifiers, Internet or Other Electronic Network Activity Information, Commercial Information to Advertising Partners, and we have engaged in these disclosures over the past 12 months. Under the U.S. State Privacy Laws, some of these data disclosures may broadly be considered a “sale” of Personal Information, processing of Personal Information for targeted advertising, and “sharing” of Personal Information for cross-context behavioral advertising. We do not use or disclose Sensitive Personal Information as defined in the CCPA for purposes other than those set forth in that law. 

We do not knowingly “sell” or “share” Personal Information about consumers under the age of 16 for cross-context behavioral advertising. If we process de-identified data provided to us by third parties, we will not attempt to reidentify it if we are prohibited by a U.S. State Privacy Law from doing so. 

3. Our Purposes for Processing Personal Information

We may use the information we collect: