Brooklyn Bedding, LLC, its affiliates and subsidiaries (collectively, “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared.  This Privacy Policy describes our information collection and use practices in connection with all of the websites we own or control, including but not limited to the websites for brands we own or control (collectively, the “Websites” and each, a “Website”), services that are made available through the Websites (the “Services”), products that are made available for purchase through the Websites (“Products”), and when you otherwise interact with us in any way, including through live chat, email or other means.

 

By visiting any of our Websites, accessing and/or using our Services, and/or purchasing our Products, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

 

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

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

In order to purchase or finance our Products and/or our Services, you will be required to provide certain additional information which may include a credit card number, expiration date, billing address, activation code, bank information, and similar information (“Billing Information”). Such Billing Information will be collected and processed by our third-party payment processor pursuant to the terms and conditions of their privacy policies and terms of use. We do not directly obtain, store or process any 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. We will refer to the information obtained under this section collectively as “Order Information”.

4.     Quiz Information

 

To assist you in finding a mattress right for you, you may take a mattress quiz on the Websites. The quizzes are completely optional and are not a condition of your purchase. The quizzes may ask you to provide, among other things, your name, email address, height, weight, body shape match, age, gender, sleeping preferences (e.g., sleeping position (back, side, stomach) and mattress feel preference (soft, medium, firm)) and sleeping pains/allergies (e.g., back pain/pain level when waking up, whether you get hot at night). We will refer to the information obtained under this section collectively as “Quiz Information”.

 

5.     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.

6.     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 . 

 

7.     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: 

 

Cookies: Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. In addition to collecting information, we use cookies to help us authenticate users, provide content of interest to you, analyze which features you use most frequently, and measure and optimize advertising and promotional effectiveness. To do this, we may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them. For information on your choices regarding Cookies, please see Section IV of this Privacy Policy.

 

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.

 

8.     Information obtained from third-party analytics services

 

We may use one or more third–party analytics services to evaluate your use of the Websites and the Services, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Website you visit, number of links clicked while on the Website, search terms and other similar usage data), and analyze performance metrics. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using any of the Website and/or the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of the processing of data about you by these analytics providers, you may not be able to use the full functionality of the Websites or the 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/

 

 

9.     Information Collected by or Through Third-Party Advertising Companies

 

We may share information about you with third parties that we have selected and approved for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, and retargeting), analyzing, managing, reporting, and optimizing of ads).  These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect information for such purposes.  Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.  In addition, we may receive information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data. You may choose to opt-out of this type of tracking and sharing of information at any time by selecting the specific partners you wish to exclude from this website http://www.aboutads.info/choices. 

 

10.     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:

 

We will take commercially reasonable measures to require that any party receiving any of your personal information from us, including for purposes of providing the Websites, the Services and the Products, undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your personal information except with your consent, as permitted by applicable law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your personal information.

 

 
III.         Information Collected Through the Websites that is Not Covered by this Privacy Policy.

You may voluntarily post and share information including, but not limited to comments, and reviews through blogs, forums and other similar features available from time to time through the Websites. None of the information you provide through the use of these features is protected by this Privacy Policy, including any personal information. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE VIEWED, COLLECTED, USED, MODIFIED AND/OR DISCLOSED FOR ANY PURPOSE BY US AND THE PUBLIC.

IV.         Consent to Receive Communications

You may decide to subscribe to our short code mobile message program (the “Program”) to receive calls or SMS/text messages from us. If you choose to opt-in and consent, such as by providing your telephone number to us and clicking submit online, we will collect information about your interactions with the SMS/text messages that we may send to you from time to time as part of the Program. To unsubscribe, reply STOP or following the instructions described in the message or call.

 

By providing your telephone number and clicking submit online, you agree to this Privacy Policy, the Terms and Conditions, and the Terms of Use, and authorize us to make or initiate calls, text messages and prerecorded voicemails to that phone number using an automated system or a prerecorded or artificial voice. Your agreement is not a condition of purchase. Message & data rates may apply, and message frequency may vary.

 

We do not sell information that we obtain from you through our Program, including personal information you submit to us online to consent and opt-in to the Program, and we do not share that information with non-affiliated third parties for any purpose other than to provide the services, and other information requested by you, or to fulfill our legal obligations.

V.         Your Choices

 

Update Information: If the personal information we have for you changes, you may correct, update, or delete it by contacting us as set forth in Section XIII of this Privacy Policy. You may correct, update, or delete some of their personal information directly in your account on the Websites and/or Services. We will use commercially reasonable efforts to process all such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.  Additionally, we will retain and use your information (or copies thereof) as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements. 

 

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 or by following the unsubscribe instructions described in any of our marketing text messages. Please note that you cannot opt out of receiving this does not impact transactional and administrative e-mails or text messages which you will continue to receive.” 

 

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.

 
VI.         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.

 

VII.         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.

 
VIII.         Children’s Privacy

We do not knowingly collect, receive, maintain, or use personal information from children under 16 years of age, and no part of any of the Websites or the Services is directed to children under the age of 16. If you are under the age of 16, please do not provide any personal information through the Websites or the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children to never provide any personal information on the Websites, the Services, or any other website without their permission. If you learn that your child has provided us with personal information without your consent, you may alert us at help@allform.com and we will endeavor to delete that information from our databases If we learn that we have collected any personal information from children under 16, we will promptly take steps to delete such information and terminate the child’s account.

 

IX.         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.

 

X.         Important Notice to All Non-U.S. Residents

Our Websites, Services and servers are located in the United States. If you are located outside of the United States, please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Websites or the Services, or purchase Products, you consent to any transfer and processing of your personal information in accordance with this Privacy Policy, and you do so at your own risk.  

 XI.         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.

XII.         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 help@allform.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.         Changes to Our Privacy Policy and Practices

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may revise this Privacy Policy from time to time, so review it periodically. We will post any changes to the Privacy Policy on the Websites and/or the Services, and the revised Privacy Policy will be effective when it is posted. By visiting any Website, accessing and/or using the Services, and/or purchasing our Products after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please refer back to this Privacy Policy on a regular basis.

 

XIV.         Contact Us

If you have any questions about this Privacy Policy or to report a privacy issue, please contact us in one of the following ways:

Email: help@allform.com

 

Or write to us at: 5301 W Bethany Home Rd. Glendale, AZ 85301

 

The California Privacy Rights Act (“CPRA”) grants residents of the State of California (“consumers”) and households located in California certain rights regarding their Personal Information, including their Sensitive Personal Information. This Notice (the “CPRA Notice”) applies to the Personal Information of consumers and/or households that is collected and/or processed (online and/or off-line) by or on behalf of Brooklyn Bedding, LLC, its affiliates and subsidiaries (collectively, “we,” “us,” or “our”) and supplements our Privacy Policy (https://allform.com/pages/privacy)  All capitalized terms herein have the meanings given in the CPRA or the Privacy Policy. We address Personal Information associated with our employees and job applicants separately. In the event of any conflict between this CPRA Notice and terms in the Privacy Policy, the provision that is more protective of your Personal Information shall control to the extent of such conflict.

If you have any questions about this CPRA Notice or whether any of the following rights apply to you, please contact us at https://allform.com/pages/contact-us. If you are located outside of the State of California, this CPRA Notice does not apply to you, and you should refer to our Privacy Policy. 

 I.         The Personal Information We Collect, Why We Collect it, and How Long We Keep it

We may collect the categories of Personal Information, including their Sensitive 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, including their Sensitive 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).

Please note that Quiz Information, such as height, weight, body shape match, age, gender, sleeping preferences (e.g., sleeping position (back, side, stomach), mattress feel preference (soft, medium, firm)) and sleeping pains/allergies (e.g., back pain/pain level when waking up, whether the consumer gets hot at night), may be considered Sensitive Personal Information under the CPRA.

II.         How We Obtain Your Personal Information 

We receive your Personal Information, including Sensitive 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, including Sensitive Personal Information, to the following categories of service providers and/or contractors for the business purposes set forth above.

We may sell and share the following categories of Personal Information to the following categories of third parties for the purposes set forth below.

IV.         Your Rights and Choices

The CPRA provides consumers and households with specific rights regarding their Personal Information, including Sensitive 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. 

You have the right to opt-out of the sale and/or sharing of your Personal Information. We do not sell your personal information for monetary consideration. However, we do use cookies for targeted advertising purposes. The collection of data through certain cookies for our targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CPRA. To opt-out of having your information sold and shared with third-party website analytics and digital advertising service providers for this purpose, visit our “Do Not Sell or Share My Personal Information" web page. We do not knowingly sell/share the Personal Information of children under the age of 16.

e)     Right to Limit the Use and Disclosure of Sensitive Personal Information

You have the right to direct a business that collects Sensitive Personal Information about you to limit its use of your Sensitive Personal Information (1) to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; (2) for certain business purposes; and (3) as authorized by the implementing regulations of the CPRA. We do not use or disclose Quiz Information, which may be considered Sensitive Personal Information under the CPRA, for any purpose other than those permitted under the CPRA.

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

To exercise these rights, please submit a verifiable consumer request to us entitled “California Privacy Request,” by using the following methods:

·      Call us at: 831-777-5976;

·      Email us at: help@allform.com; or

·      Visit the following Internet Web page link: https://allform.com/pages/contact-us.

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, including Sensitive 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. 

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 help@allform.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, including Sensitive Personal Information, is governed by the CPRA Notice in current effect. Please refer back to this CPRA Notice on a regular basis.

VII.         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: help@allform.com

·      Phone: 831-777-5976

·      Mail: 5301 W Bethany Home Rd. Glendale, AZ 85301