EU privacy notice (GDPR)

The controller — the company that decides why and how your data is used — is Omnibus, Ltd., postal address available on request at the email below, registered outside the EU.

For anything about your data, write to our privacy team at privacy [at] earbunny.app or use the contact form. The same address reaches our data protection officer once one is appointed.

The full list of what we collect is in the privacy policy. This notice does not repeat it; it adds what the GDPR requires.

Because Omnibus, Ltd. has no establishment in the EU, we appoint a representative under Art. 27 GDPR. You and the supervisory authorities can contact them instead of us, on any question about our processing.

The GDPR only allows processing that rests on a legal basis (Art. 6) and, for special categories of data such as health data, an additional condition (Art. 9). Here is ours for each purpose.

Where we rely on legitimate interests, we have weighed them against your rights; children's interests weigh especially heavily. You can ask us for this balancing test.

Listening levels, sound dose and posture state can tell something about a person's health, so we treat them as health data under Art. 9 GDPR — even though Earbunny is not a medical device and never diagnoses anything.

• We ask for explicit consent on its own screen, separately from the terms, with a box that is not pre-ticked.
• Apple Health access is read-only and covers only headphone and environmental audio levels. We write nothing to Health.
• Without this consent the measurement features stay off; the rest of the app keeps working.
• You can withdraw consent at any time (Art. 7(3)): turn off the permission in iOS Settings or in the app, or delete the account. Withdrawal does not make earlier processing unlawful.

Under Art. 8 GDPR, a child can only consent to an online service alone from an age that each member state sets between 13 and 16 (for example 16 in Germany, 15 in France, 14 in Italy and Spain, 13 in Portugal). Below that age, a parent must consent.

• Only a parent can create a child's profile. Children have no email or password and cannot sign up alone.
• The parent gives consent for the child before the child's phone is paired, and we record who consented and when. For children under 13, no pairing code can be created without it.
• There is no hidden mode: the child always sees that monitoring is on and who can see their data.
• No ads, no profiling and no third-party analytics in children's accounts.

More in the children's privacy notice.

A person's data is visible only to that person and the parents linked to them. Schools that a parent invites see only anonymous class averages, and only when at least 10 students report.

We use processors — companies that work only on our instructions under a contract meeting Art. 28 GDPR — for hosting in the EU, the website, push notifications, sign-in, App Store billing, email delivery and crash and log monitoring. They are listed with their location in the subprocessor list. We do not sell data and do not use it for advertising.

Our servers and backups are in the EU. Some processors (for example for push notifications, sign-in or the website edge network) may access data from the United States or other countries. We transfer data outside the EEA only:

• to countries with an adequacy decision of the European Commission (Art. 45), including US companies certified under the EU–US Data Privacy Framework; or
• under the Commission's Standard Contractual Clauses (Art. 46(2)(c), Decision 2021/914), with a transfer impact assessment and extra safeguards such as encryption where needed.

If our own company is established outside the EEA, the same safeguards apply to data we access from there. You can ask for a copy of the safeguards at privacy [at] earbunny.app.

We keep data only as long as the purpose needs it: raw samples 30 days, minute summaries 90 days, events 90 days, event location 7 days, daily summaries and reports until the account is deleted, encrypted backups 30 days. The full table is in the privacy policy.

• Access (Art. 15) — a copy of your data and how we use it. In the app: Settings → Download my data.
• Rectification (Art. 16) — correct wrong or incomplete data.
• Erasure (Art. 17) — delete your data. In the app: Settings → Delete account.
• Restriction (Art. 18) — ask us to pause use while a question is being settled.
• Portability (Art. 20) — receive the data you gave us in a machine-readable format (JSON).
• Objection (Art. 21) — object to processing based on our legitimate interests.
• Automated decisions (Art. 22) — not to be subject to decisions with legal effect made by machines alone (we make none, see section 10).
• Withdraw consent (Art. 7(3)) — at any time, as easily as you gave it.

Write to privacy [at] earbunny.app or use the contact form. We answer within one month, free of charge; for complex requests we may extend by two more months and will tell you why (Art. 12(3)). We may ask you to confirm your identity. Parents can exercise these rights for their children.

Complaints. You can complain to the data protection authority in the member state where you live, work or where you think the infringement happened (Art. 77). The European Data Protection Board lists them at edpb.europa.eu. We would appreciate the chance to fix things first.

Earbunny calculates things automatically: sound dose, alerts, posture nudges, goal progress and streaks. None of this produces a legal effect or anything similarly significant, so it is not an automated decision under Art. 22 GDPR. We do no profiling for advertising or marketing.

The ePrivacy Directive (Art. 5(3)) and national laws such as Germany's TDDDG only allow storing or reading information on your device if it is strictly necessary or you consent. This website stores only what is needed — your theme, language and cookie choice — and loads cookieless, aggregated analytics only after you say yes. Bot protection on forms is strictly necessary. Details and your choices are in the cookie policy.

To create an account we need an email address (or Sign in with Apple) and, for family members, a name and birth year; without them we cannot provide the service. Health-related measurements, Apple Health access and location are optional: if you say no, only the features that need them stay off.

We announce material changes in the app and by email before they take effect, and ask for consent again if we add a new purpose that needs it. The date at the top shows the current version.