Last Updated: January 10, 2024
I. The Information We Collect and/or Receive
In the course of operating our Websites, providing the Services and the Product(s), and/or interacting with you, we will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
1. Contact Information
When you contact us or our customer support team via the Website, email or by mail, when you call us, or when you sign up to receive our newsletter, you will be asked to provide certain information which may include your name, email address, and phone number (collectively, the “Contact Information”).
2. Billing Information
3. Order Information
When you purchase Products and/or Services through our Websites, we will also ask you to provide certain information, including but not limited to, the Products and Services you would like to purchase, your name, email address, shipping address, and billing address and zip code. In addition, we may also ask you to provide, among other things, your height, weight, body shape match, age bracket, gender, sleeping preferences and sleeping pains/allergies. We will refer to the information obtained under this section collectively as “Order Information”.
4. Information you share during communications and interactions with us
We will receive the information you provide to us when you interact with us via phone, email, text message or chat. We may transcribe the content of such communications.
5. Generalized Location Information based on IP Address
To provide access to the Websites and the Services while you are using an electronic device, we may automatically generalize your location by using your IP address .
6. Information obtained automatically from your online activity
When you access or use the Websites, the Services and/or purchase Products, we use browser cookies, pixels, web beacons, and similar technologies (collectively, “Tracking Technologies”) to automatically collect or receive certain standard technical information, and other data (such as traffic data, usage data (including but not limited to, profiles viewed, matches made, features used, frequency and duration of the Websites and Services usage, and interactions with content on the Websites and the Services), location data, device information (including but not limited to, type of device, mobile device platform, operating system, browser type, screen resolution, IP address and other technical information), logs and other communications data) sent to us by your computer, mobile device, tablet, or any other device over time on our Websites and the Services, and your online activity across third party websites, apps, and devices. We may also evaluate your computer, mobile phone, or other access device to identify any malicious software or activity that may affect our Websites and the Services.
When you access or use the Websites and the Services, advertising companies, analytics networks and providers, and other third parties may use Tracking Technologies to collect information about your online activities over time and across different websites, apps, online services, digital properties and devices.
The data we or third parties collect automatically may include personal information and/or statistical data that may not identify you personally; however, we or third parties may maintain, combine, or associate it with personal information collected in other ways or received from third parties. We and/or third parties use this information to (i) enhance the performance and functionality of the Websites and the Services; (ii) personalize your experience with the Websites and the Services, understand how you use the Websites and the Services, maintain a persistent session, and improve and further develop the Websites and the Services; and (iii) serve targeted and other advertising, and provide custom experiences, across other sites, apps, online services, digital properties and devices, measure how the ads perform, and for analytics purposes.
The Tracking Technologies used on the Websites and the Services include the following, among others:
Local Storage Technologies: We may use local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web Beacons: We use Web beacons, also known as pixel tags or clear GIFs, to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.
Third Party Sites: When the Products are made available to you through third-party sites, please be aware that these other sites maintain their own policies regarding Tracking Technologies and the collection and use of information. You are responsible for reviewing those policies.
7. Information obtained from third-party analytics services
Below is a list of analytics providers that we use; however, such list may be subject to change based on how we wish to understand the user experience and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.
For Google Analytics, please visit: https://www.google.com/analytics. To opt-out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose.
For Heap, please visit: https://heap.io/
For Optimizely, please visit: https://www.optimizely.com/
8. Information Collected by or Through Third-Party Advertising Companies
9. Information Obtained From Other Sources
Acquired from Third Parties: We may receive information from third parties, including information related to you. We may combine your information with such acquired information and use it to improve your experience, personalize our Services and content, and/or for targeted advertising.
Inferences: We may collect or receive inferences, which are assumptions or extrapolations that have been drawn from your information to create a profile which may include your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
II. How We Use and Share The Information
We may use and share your personal information as set forth below:
- To provide the Websites, the Services and the Products;
- To solicit your feedback, inform you about our Products and Services and those of our third-party marketing partners;
- To monitor, support, analyze, and improve the Websites, the Services, and the Products;
- To communicate with you regarding the Websites, the Services, and the Products that you purchase;
- To fulfill your requests for information regarding new or improved Products and Services;
- To engage in marketing, advertising, and tracking activities, and evaluate the efficacy of our efforts; provided that, where required under applicable law, we will obtain your prior opt-in consent to send electronic marketing communications and/or our newsletter;
- To engage research, project planning, troubleshooting problems, and detecting and protecting against error, fraud, or other criminal activity;
- To protect the safety and security of our Services, businesses and customers;
- To third-party contractors and service providers that provide services to us in the operation of our business and assist with the Websites, the Services and the Products, such as technical support for the Websites and the Services and services such as IT and cloud hosting, payment processing and financing, transactions reporting, customer relationship management, email marketing, advertising services, analytics services, shipping and distribution, name and address verification, marketing and order fulfillment, email distribution, market research, fraud detection and prevention, promotions management, and administrative services;
- To create and disclose aggregated, anonymous, user statistics and other information to (i) affiliates, agents, business partners, and other third parties; (ii) describe the Websites, Services and Products to current and prospective business partners; and (iii) other third parties for lawful purposes;
- To share some or all of your information with our parent company, subsidiaries, affiliates or other companies under common control with us;
- To fulfill our legal and regulatory requirements;
- To comply with applicable law, such as to comply with a subpoena, or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- To assess or complete a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event where we expect that your personal information will be part of the transferred assets;
- To audit our internal processes for compliance with legal and contractual requirements or our internal policies;
- To prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and
- Otherwise, with your consent.
IV. Your Choices
Marketing Communications: You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails. Please note that you cannot opt out of receiving transactional e-mails.
Cookie Management: Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies or other Tracking Technologies, the Website and the Services may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
You will need to apply these opt-out settings on each device from which you wish to opt-out. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.
V. How We Protect the Information
We take commercially reasonable security measures so that your information is treated securely and is protected from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. Unfortunately, the Internet is not 100% secure, and we cannot guarantee the security of any information you provide to us. In particular, e-mails sent to or from the Websites, and/or the Services may not be secure, and you should therefore take special care in deciding which information you send to us via e-mail or other electronic means. We do not accept liability for unintentional disclosure of your information.
VI. Links to Third-Party Sites
The Websites and the Services may, from time to time, contain links to external websites. We encourage you to review the privacy and security policies of any externally linked websites that may be accessed through the Websites or the Services. We assume no responsibility or liability for the information collection and disclosure practices of any external websites that a user can access through the Websites or the Services. Please check the privacy policies of these external websites before you submit any personal information to them.
VII. Children’s Privacy
VIII. DO NOT TRACK
As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use the Website or the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. At this time, we do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
IX. Important Notice to All Non-U.S. Residents
X. Notice to California Residents
If you are a resident of California, you may have additional rights regarding your personal information under the California Privacy Rights Act (the “CPRA”). Please review the CPRA Privacy Notice in Addendum I below.
XI. Notice to Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note, however, that we do not sell personal data.
XIII. Contact Us
Or write to us at:
5301 W Bethany Home Rd. Glendale, AZ 85301
Addendum I - California Privacy Rights Act Notice to California Residents
Last Updated: January 10, 2024
I. The Personal Information We Collect, Why We Collect it, and How Long We Keep it
We may collect the categories of Personal Information listed in the tables below for the specific business purposes listed next to them.
We determine the retention periods of each category of Personal Information based on the following criteria:
• The purposes for which we processes the Personal Information (we need to retain the data as long as necessary to complete such purposes); and
• Tax, legal and regulatory obligations and requirements (laws or regulation may set, or recommend, a minimum period for retention of your Personal Information).
Personal Information Category
Identifiers, such as your full name, mailing address, telephone numbers, email address, online identifier, IP address
Geolocation data (through your IP address)
Commercial information, including records of Products or Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Information you share during communications and interactions with us, such as the content of email messages, chat sessions and their transcripts, text messages, and phone calls.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement
Inferences drawn from any of the above-mentioned information to create a profile about a consumer reflecting the consumer’s preferences and characteristics
Product specific information, including height, weight, body shape match, age bracket, gender, sleeping preferences and sleeping pains/allergies.
We do not collect any sensitive personal information.
II. How We Obtain Your Personal Information
We receive your Personal Information directly from you, as well as from the following categories of sources:
• Directly from you;
• Internet or other electronic network activity;
• Advertising networks;
• Third-party service providers; and
• Third-party analytics services.
III. What Kind of Personal Information We Disclose to and Sell to/Share with Others
We may disclose the following categories of Personal Information to the following categories of service providers and/or contractors for the business purposes set forth above.
Personal Information Category
Category of Service Provider/Contractor
We may sell and share the following categories of Personal Information to the following categories of third parties for the purposes set forth below.
Personal Information Category
Category of Third Parties to Whom Personal Information is Sold or Shared with
Purpose(s) for Selling or Sharing
IV. Your Rights and Choices
The CPRA provides consumers and households with specific rights regarding their Personal Information. We will usually be the business processing your Personal Information. If we are acting as a service provider or contractor on behalf of another business, please contact the business that collected your Personal Information in the first instance to address your rights with respect to such data.
a) Right to Know About Your Personal Information
You have the right to request that we disclose the following kinds of information to you about our collection, disclosure, sale, sharing, and use of your Personal Information:
- The categories of Personal Information we have collected about you, the categories of sources from which the Personal Information is collected, the business or commercial purposes for collecting, selling or sharing Personal Information, and the categories of third parties to whom we disclose Personal Information.
- The specific pieces of Personal Information we have collected about you.
- The categories of Personal Information we have sold or shared about you and the categories of third parties to whom the Personal Information was sold or shared, by category or categories of Personal Information for each third party to whom the Personal Information was sold or shared.
- The categories of Personal Information we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
b) Right to Request Deletion
You have the right to request deletion of your Personal Information. We will honor such request but might not be able to fulfill your request if we (or our service providers) are required to retain your Personal Information. Examples of such exceptions are:
o Completing a transaction or performing a contract we have with you;
o Helping to ensure security and integrity to the extent the use of Personal Information is reasonably necessary and proportionate for such purposes;
o Debugging to identify and repair errors that impair existing intended functionality;
o Complying with applicable law or a legal obligation, or to exercise rights under the law (e.g., the right to free speech); or
o Using your Personal Information internally to improve our Websites, Services and Products.
c) Right to Request Correction
You have the right to request that we correct inaccurate Personal Information that we maintain about you. We will honor such request but might not be able to fulfill your request if it is impossible to do so or would involve disproportionate effort, or if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive.
d) Right to Opt-Out of the Sale and/or Sharing of Personal Information.
e) Right to Limit the Use and Disclosure of Sensitive Personal Information
You have the right to limit certain ways in which a business uses and discloses sensitive Personal Information. Please note, however, that we do not collect sensitive personal information.
f) Right to Designate an Authorized Agent
You have the right to submit a request through the use of an authorized agent If you choose to do so, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us. We may deny a request from an authorized agent that does not submit proof of authorization.
g) Right to Non-Discrimination
We will not discriminate against you for exercising any of your CPRA rights. We will not (i) deny you Products or Services, (ii) charge you different prices or rates for Products or Services, including through granting discounts or other benefits, or imposing penalties, (iii) provide you a different level or quality of Products or Services, and (iv) suggest that you may receive a different price or rate for Products or Services or a different level or quality of Products or Services.
V. Exercising Your Privacy Rights
a) Rights to Know, to Request Deletion, and to Request Correction of Personal Information
To exercise these rights, please submit a verifiable consumer request to us entitled “California Privacy Request,” by using the following methods:
• Call us at: 866-403-6615;
• Email us at: firstname.lastname@example.org; or
• Visit the following Internet Web page link https://www.bearmattress.com/
What we need to know to fulfill your request
The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information related to you. Making a verifiable consumer request does not require you to create an account with us.
How you will hear back from us
We will confirm receipt of a verifiable consumer request within then (10) business days of its receipt. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We may charge a reasonable fee to process or respond to your verifiable consumer requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.
VI. Other California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of Personal Information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. In order to submit such a request, please contact us at email@example.com.
VII. Changes to this CPRA Notice
This CPRA Notice is effective as of the date of the Last Update stated at the top of this CPRA Notice. We may change this CPRA Notice from time to time. By visiting or accessing the Websites or the Services, or otherwise engaging or interacting with us after we make any such changes to this CPRA Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your Personal Information is governed by the CPRA Notice in current effect. Please refer back to this CPRA Notice on a regular basis.
VIII. How to Contact Us
If you have any questions or comments about this CPRA Notice, the ways in which we collect and use your information, or your choices and rights regarding such use, please do not hesitate to contact us at:
• Email: firstname.lastname@example.org
• Phone: 844-311-0035
• Mail: 5301 W Bethany Home Rd. Glendale, AZ 85301