Privacy policy

Last updated: June 10, 2025

NextSense offers products and services focused on sleep and wellness, including NextSense Smartbuds and the NextSense mobile application.

This Privacy Policy describes how we handle personal information that we collect through Smartbuds, our mobile app, website, social media pages, online communications, and any other sites or services that link to this Privacy Policy (collectively, the "Services").

Our Privacy Principles for Brainwave Data

NextSense Smartbuds use brainwave data to improve your sleep and mental wellbeing. Here are the privacy principles that guide our use of that information:

We collect your brainwave data only with your consent.
We process your brainwave data only to help you with your sleep, meditation, and focus. The NextSense app uses algorithms to derive metrics from your brainwave data. We do not use your brainwave data to make any undisclosed inferences about you, such as your emotional or psychological state.
By default, we process your brainwave data locally on your device, without sending it to our cloud.
You may choose to let us process your brainwave data in our cloud. Users may choose to share their raw brainwave data to improve the product or contribute to research. This data is only ever sent to the cloud with explicit consent.
We do not sell your brainwave data or share it with our marketing or advertising partners. We also do not share your brainwave data with other third parties for their own purposes, except at your direction – for example, if you choose to participate in a clinical trial or other study.

You may ask us at any time to delete the information we maintain about you. This Privacy Policy explains how to submit a request.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Services, update the "Last updated" date and take any other steps required by applicable law.

How We Collect and Use Your Personal Information

To provide the Services, we collect personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

Contact details including your name, address, phone number, and email.
Biographic information including your age, sex, and gender.
Wellness-related information including details of your fitness activity, habits, weight, and health goals.
Order information including your name, billing address, shipping address, payment confirmation, email address, phone number, and purchase history.
Account information including your username, password, security questions and other information used for account security purposes.
Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

You may elect not to provide some of this information, but doing so may prevent us from providing Services to you.

Information We Collect from Smartbuds

We collect the following information generated by the Smartbuds’ sensors:

Brainwave data, which means signals about large-scale electrical activity in the brain, collected by the Smartbuds’ EEG sensors.
Motion data collected by the Smartbuds’ motion sensors (such as your movement during sleep).
Sleep data and sleep metrics derived from Smartbuds data (such as sleep stages and time spent asleep).

We never share the information we collect from Smartbuds with our marketing or advertising partners.

Information We Collect Automatically

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our website, Smartbuds, and the app, including device information, browser information, information about your network connection, your IP address and general location, and other information regarding your interaction with the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

Other Sources from Which We Collect Personal Information

Finally, we may obtain information about you from third parties, including:

If you choose to connect third-party services (such as Apple HealthKit), we may receive health-related information from those services based on the permissions you grant.
Companies that support our Services, such as Shopify.
Our payment processors that collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
When you visit our website, open or click on emails we send you, or otherwise interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any personal information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.

How We Use Your Personal Information

In addition to the specific purposes set out below, we may use information we collect about you to communicate with you, to operate, develop, enhance, improve, repair, and maintain our products and services, to conduct research, analytics, and data analysis, to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We use personal information for the following purposes:

Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the content and advertising on our Services.

We do not use brainwave data, motion data, sleep metrics information, or health information you choose to share with us via your device’s health features for marketing or advertising purposes.

Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
Service Development and Improvement. You may opt in to allow us to use your brainwave data to train and improve our algorithms and models. If you do not opt in, we will not use your brainwave data for model training or other service development and improvement purposes. We may use other personal information, such as your customer support interactions, to develop and improve the Services based on our legitimate interests in operating our business, providing effective services to you, and maintaining our business relationship with you.

How We Disclose Personal Information

We may disclose personal information to the following types of third parties:

Vendors or other third parties that perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
Business and marketing partners to provide Services and advertise to you. Our business and marketing partners may use your information in accordance with their own privacy notices.
Other third parties, at your direction, such as research organizations when you choose to participate in a study, or social media companies when you use social media widgets or login integrations.

We may also disclose your information in connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We have disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above. The below chart also details the categories of personal information that we “sell” or “share” (as those terms are defined in applicable law) for the purpose of engaging in advertising and marketing activities.

Category of Personal Information	Disclosed to Which Categories of Recipients for Operational Business Purposes	“Sold” or “Shared” with Which Categories of Recipients
Identifiers such as basic contact details and certain order and account information	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	none
Personal information categories listed in the California Customer Records statute such as basic contact details and certain order and account information	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	Business and marketing partners
Protected class information such as sex, age, and gender.	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	None
Commercial information such as order information, shopping information and customer support information	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	Business and marketing partners
Internet or other similar network activity, such as Usage Data	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	Business and marketing partners
Geolocation data such as locations determined by an IP address or other technical measures	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	Business and marketing partners
Sensitive personal information: Account login and financial information: Account login, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account Consumer health data Brainwave data	Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers) Business and marketing partners Other third parties as directed by you, such as research partners when you choose to participate in a study	None

Collection, Processing, and Disclosure of Sensitive Personal Information

Subject to your consent where required or as otherwise limited by applicable law, we collect, process, and disclose sensitive personal information for purposes of: providing goods or services as requested; ensuring safety, security, and integrity; countering wrongful or unlawful actions; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; activities relating to quality and safety control or product improvement; and other collection and processing that is not for the purpose of inferring characteristics about an individual.

We do not use or disclose sensitive personal information beyond these purposes.

We use Cookies on our Services. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our website and other Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our website to better tailor the services, products and advertising on our website and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Our website also recognizes the Global Privacy Control (GPC) signal, which enables you to opt-out of certain uses or disclosures of your information. If you notify us of your preference through GPC, we will treat such signal as a valid request to opt out of sharing / targeted advertising for the associated browser or device, and, if we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other “Do Not Track” signals that may be sent from your web browser or device.

Third Party Websites and Links

Our Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Children's Data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the “Last updated” date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

We retain each category of personal information, including sensitive personal information, for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide services to you, for example, for as long as you have an account with us or keep using the Services, and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;
Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and
Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

How We Retain Information Collected via Smartbuds: By default, the NextSense app processes your brainwave data locally on your mobile device connected to your Smartbuds.

Your sleep metrics and motion data will be permanently destroyed when the initial purpose for collecting the information no longer applies (e.g., you delete your account with us and stop using Smartbuds), or after three years from your last interaction with us, whichever occurs first.

Your Privacy Rights

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
Right to Delete: You may have a right to request that we delete personal information we maintain about you.
Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt Out of Sale: You may have a right to opt out of the “sale” of personal information we hold about you.
Right to Opt Out of Sharing: You may have a right to opt out of targeted advertising, including the sharing of personal information we hold about you for cross-context behavioral advertising.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on our Services or by contacting us using the contact details provided below. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may decline to honor your request where an exception applies.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

We do not sell sensitive personal information, and we do not “share” or otherwise process sensitive personal information for purposes of cross-context behavioral or targeted advertising, as defined under applicable law. We have not engaged in such activities in the 12 months preceding the date this Privacy Policy was last updated. We do not knowingly sell or “share” personal information (including sensitive personal information) of minors under 16 years of age.

To request to opt out of any future sale of your personal information and/or targeted advertising, including the “sharing” of your personal information for cross-context behavioral advertising, contact support@nextsense.io.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

Anonymized and De-Identified Information

We may create anonymized or de-identified data by removing identifiers from data so that it cannot be associated with you, your Smartbuds, or your mobile device. Please note that we do not create anonymized data from your brainwave data unless you consent.

We use anonymized and de-identified information to continuously improve and develop our services, and for other research. Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will never attempt to re-identify the information.

International Users

Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at john.horstmann@nextsense.io or contact us at 703 N Shoreline Blvd, Mountain View, CA, 94043, US.

Consumer Health Data Privacy Statement

Last Updated: [DATE]

Pursuant to the Washington My Health My Data Act and the Nevada Consumer Health Privacy Law (the “Health Privacy Laws”), NextSense is providing the following details regarding the categories of consumer health data that we collect, use, and share about Washington and Nevada consumers. This Consumer Health Data Privacy Statement (the “Privacy Statement”) supplements our Privacy Policy.

Collection of Consumer Health Data

For purposes of this Privacy Statement, “consumer health data” means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status.

We collect the following consumer health data:

Bodily functions, vital signs, symptoms, or measurements. When you use Smartbuds and the App, the EEG sensors in our Smartbuds can collect brainwave data, which means signals about large-scale electrical activity in the brain. Smartbuds also collect motion data, such as your movement during sleep. The App uses this information to generate sleep metrics, such as sleep stages and time spent asleep, as well as insights related to meditation and focus.

If you choose to connect third-party services to your account, such as Apple HealthKit, we may also collect additional health metrics like heart rate variability based on the permissions you grant.

Sources of Consumer Health Data

We collect information from the Smartbuds and our app,
We collect information from other services, at your direction, when you choose to share data with NextSense via Apple HealthKit or similar mobile device features.
We may also collect information directly from you, when you provide details about your health via the app.

How We Use and Share Consumer Health Data

We collect, use, and share consumer health data to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, to: develop, improve, repair, and maintain our products and services; conduct research, analytics, and data analysis; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

We may also use consumer health data and share it with third parties in the context of any reorganization, financing transaction, merger, sale, joint venture, partnership, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

We may share each of the categories of consumer health data listed above with the following categories of third parties:

Our service providers;
Research organizations, when you choose to participate in a study;
Public and governmental authorities; and
Other third parties.

In certain circumstances, it may be necessary to provide Consumer Health Data to other third parties, for example, to comply with applicable law or to protect the rights, safety or property of us, you, and others.

We do not “sell” consumer health data, as defined in the Health Privacy Laws.

Individual Rights

If you are a Washington or Nevada consumer, you may make the following requests regarding your consumer health data, subject to applicable law and certain exceptions:

Request to Know

You may request that we disclose to you:

Whether we are collecting, sharing, or selling your consumer health data; and
The third parties to whom we have shared or sold your consumer health data.

Request to Opt-out

You may request to opt-out of the collection, sharing, or sale of your consumer health data.

Request to Delete

You may request that we delete your consumer health data.

Request to Access

If you are a Washington consumer, you may request that we provide you with:

The email address or other online mechanism you can use to contact the third parties with whom your consumer health data is shared or sold; and
A copy of your consumer health data.

To make an Individual Rights request, please contact us at support@nextsense.io. We will verify and respond to your request consistent with applicable law. We may need to request additional information from you in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your consumer health data. If you make a Request to Delete, we may ask you to confirm your request before we delete your consumer health data.

If we refuse to take action on your request, you may appeal this refusal by contacting us at support@nextsense.io.

Changes to This Privacy Statement

We may change or update this Privacy Statement from time to time. When we do, we will post the revised Privacy Statement on this page with a new “Last Updated” date.